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States Explore Wrongful Convictions

In another nice piece of reporting, Solomon Moore examines the slow progress that states are making to address the problem of wrongful convictions -- a problem that states generally refused to acknowledge until DNA evidence made clear that mistaken or knowingly false accusations often lead to erroneous guilty verdicts.

All but eight states now give inmates varying degrees of access to DNA evidence that might not have been available at the time of their convictions. Many states are also overhauling the way witnesses identify suspects, crime labs handle evidence and informants are used. At least six states have created commissions to expedite cases of those wrongfully convicted or to consider changes to criminal justice procedures. ...

Maryland, North Carolina, Vermont and West Virginia passed legislation this year to create tougher standards for the identification of suspects by witnesses, one of the most trouble-ridden procedures. ... Two states, Vermont and Maryland, passed laws this year to improve crime lab oversight to eliminate errors and omissions.

More than 500 local and state jurisdictions, including Alaska, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, Wisconsin and the District of Columbia have adopted polices that require the recording of interrogations to help prevent false confessions, according to the Innocence Project.

Unfortunately, progress has been halting and inconsistent, at best.

More...

Legislatures considered 25 witness identification bills in 17 states this year, the National Association of Criminal Defense Lawyers reported. Five states approved bills, while five states defeated them. Bills are pending in seven states.

California's legislature has taken an important step that needs to be ratified by Gov. Schwarzenegger and adopted by other jurisdictions.

The California Legislature also passed a bill this year that requires informant testimony to be corroborated before it can be heard by a jury. Critics say such testimony can be unreliable, especially when it is offered by convicts or suspects in return for leniency. The bill awaits approval by the governor.

States (and the federal government) need to recognize that wrongful convictions are a systemic and all-too-common problem.

Studies of wrongful convictions suggest that there are thousands more innocent people in jails and prisons.

In most of those cases, there isn't DNA evidence available to exonerate the wrongly convicted.

In a 2007 study, Professor Gross analyzed 3,792 death sentences imposed from 1973 to 1989 and found that 86 death row inmates, or 2.3 percent, had been exonerated through 2004. Professor Gross said the total number of innocent prisoners was likely to be far higher. In his view, well-documented wrongful convictions in capital cases provided a window on systemic problems, with even larger numbers of convictions for less serious and less publicized convictions.

Mistakes in the criminal justice system are difficult to rectify. It's better to avoid making them. Although the linked article indicates that some members of the law enforcement community are resisting the kinds of changes that states are being urged to consider, police officers shouldn't complain about rules that are designed to reduce the risk of error. Getting it right is more important than getting a conviction.

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    by 1980Ford on Mon Oct 01, 2007 at 12:05:53 PM EST