Weight of the World

WIth over three hundred DNA exonerations but the Innocence Project and counting, statistics show some recurring causes of false convictions. These recurring problems are like open sores on the body of law that comprises the American criminal justice system, direly needing remedy.

MISIDENTIFICATION: According to the Innocence Project, eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in nearly 75% of convictions overturned through DNA testing. (http://tinyurl.com/8p7vqpb).The National Association or Criminal Defense Lawyers (NACDL) currently advocates for the reform of eyewitness identification procedures by implementing “double blind” sequential lineup procedures. (http://tinyurl.com/9dacelm)

GRAND JURYS: The grand jury's tradition of strong independence and resistance to the Crown enhanced its prestige so much as to warrant its inclusion in the Bill of Rights. U.S. v. Calandra, 414 U.S. 338, 343 (1974). However, it has become apparent that the government, in some cases, misleads the grand jury. (http://tinyurl.com/9jbe5vc). The National Association or Criminal Defense Lawyers (NACDL) recomends four grand gury reforms: defense counsel presence, 48 hour notice of empanelment, presentation of exculpatory evidence and provision of transcripts (http://tinyurl.com/9ylhl8o)

JUNK SCIENCE: DNA testing was developed through extensive scientific research at top academic centers, many other forensic techniques — such as hair microscopy, bite mark comparisons, firearm tool mark analysis and shoe print comparisons — have never been subjected to rigorous scientific evaluation. (http://tinyurl.com/5866eg). NACDL urges crime lab reform (http://tinyurl.com/9x7vdbu).

FALSE CONFESSIONS: In about 25% of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty. (http://tinyurl.com/9f673ys). As a remedy, NACDL recomends that all interrogations be audio and video recorded. (http://tinyurl.com/98u6ort)

GOVERNMENT MISCONDUCT. Some wrongful convictions are caused by honest mistakes. But in far too many cases, the very people who are responsible for ensuring truth and justice — law enforcement officials and prosecutors — lose sight of these obligations and instead focus solely on securing convictions. The cases of wrongful convictions uncovered by DNA testing are filled with evidence of negligence, fraud or misconduct by prosecutors or police departments.(http://tinyurl.com/yta7mk)

INFORMANTS. In more than 15% of wrongful conviction cases overturned through DNA testing, an informant testified against the defendant at the original trial. Often, statements from people with incentives to testify — particularly incentives that are not disclosed to the jury — are the central evidence in convicting an innocent person. (http://tinyurl.com/ygr2dck)

NACDL also advocates these reforms:

Discovery Reform: http://tinyurl.com/8nyh3kt

Drug Law Reform: http://tinyurl.com/create.php