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Innocence Commissions: A First Step

Those who point to exonerations of the wrongfully convicted -- often after years or decades of incarceration -- as evidence that "the system works" are missing the point: the system often doesn't work, and the belated correction of some mistakes only serves to highlight all the errors that our criminal justice system never corrects.

With this reality in mind, the NY Times calls upon New York and Texas--

to join the half-dozen pioneering states that have created what are termed innocence commissions. These are independent investigative bodies of judges, prosecutors, defense lawyers, police officers and forensic scientists who re-examine case facts after prisoners are exonerated using DNA evidence.

These respected authorities try to identify the causes of the wrongful convictions and propose changes to improve the state of justice. Calls to create commissions in New York and Texas are bogged down in statehouse politics, even as a half-dozen other states are poised to create their own monitors.

Creating an innocence commission in every state would be a useful first step toward a meaningful solution to a problem of epidemic proportions. But it is only one step among many that need to be taken.

No one knows the depth of injustice hinted at by DNA exonerations. But it is clear that they demand organized oversight and serious reforms of the criminal justice system.

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    Damn skippy (excuse my language). (5.00 / 1) (#1)
    by Gabriel Malor on Mon Jan 29, 2007 at 02:56:43 PM EST
    There is simply no good reason why we shouldn't be thoroughly examining the justice system at all times and finding ways to improve it.

    This includes not just forward-looking ideas like rejiggering sentencing guidelines, but investigating the cases where the system went wrong, correcting (where possible) the errors, and putting in place the safeguards necessary to prevent the same problems from occurring again.

    Absolutely, positively, could not agree more. (none / 0) (#2)
    by syinco on Mon Jan 29, 2007 at 03:06:53 PM EST
    Why we as society do not feel compelled to do so in the face of these gross injustices is very interesting to me.  

    Parent
    And of course (5.00 / 1) (#5)
    by Al on Mon Jan 29, 2007 at 06:22:39 PM EST
    it goes without saying that the death penalty should be abolished.

    And the Military Commissions Act (none / 0) (#6)
    by Edger on Mon Jan 29, 2007 at 06:51:14 PM EST
    i have no problem with that, but... (none / 0) (#3)
    by Deconstructionist on Mon Jan 29, 2007 at 03:09:09 PM EST
      don't we more or less know the main causes:

    1. False IDs flowing both from the imperfections if victim memory and improperly suggestive ID procedures of police.

    2. Investigations which are flawed because: (a) the cops only want evidence that supports the convictiion of the accused and the defense is often hampered by lack of skill, resources, access, etc.

    3. Trials which are flawed because defendants are not afforded adequate counsel and/or resources.

      Don't get me wrong I support the idea but fear that establishing commissions such as that would often just create another body whose recommendations are ignored while politicians point to its very existence as demonstrating they did something and as an excuse not to do more.

       I'd rather either skip that step and go straight to implementing reforms whose need is already evident, or if we need to create another bureaucracy give it some real power that means something-- i.e., MONEY to investigate questionable convictions and the ability to move for reconsideration in court where investigations find evidence or circumstances to warrant it.


    CJ System error detection & correction. (none / 0) (#4)
    by JSN on Mon Jan 29, 2007 at 03:24:30 PM EST
    There are mechanism for detecting and correcting error in the CJ System which result at the early stages of charges being reduced or dismissed because of review by a judge at initial appearance and independent reviews by the county attorney and defense attorney.
    There is also the possibility of review of the lower court decision by a higher court.

    However if there is misconduct on the part of the police, laboratory, prosecutor or defense attorney these types of review probably will not reveal the problem. An innocence Commission is more likely to detect such failures of the CJ System.

    Jesse Dean Case - INNOCENT but imprisioned (none / 0) (#7)
    by Chrystal Weaver on Thu Mar 08, 2007 at 12:16:55 AM EST
    I am a Criminal Justice Reform Activist in Broward County, Fl (Fort Lauderdale). As a result of my activism, a Federal inmate contacted me. His name is Jesse Dean. He is near Tampa in Coleman C.I....he has been there for 12 years on a 30 year sentence. He went to trial trusing that since he was innocent, there was no way he would be found guilty. I am a CPA, not an attorney (I wish I were an attorney!) but after reading this man's story, his "pro se" Petition just filed in the "middle court" of Florida, and exchanging e-mails, I am 200% convinced he is innocent and the government railroaded him very badly.

    I am trying to find an attorney with the HEART and the time to at least look at Mr. Dean's case. He has all the docs needed....there is NO investigative work required to take on his case pro bono....just the willingness to fight against the Fed Gov to win the freedom of an innocent man.

    Here is the link to his website....but I have a hard copy of the "pro se" Petiton he just filed, which provides a clearer "executive summary" of his proof of innocence. I can fax it to anyone who requests it.

    http://www.iippi.org/inmates/florida/jessedean

    I hope to find ONE of you, who's conscience will be touched by this case that would be willing to take it on. What happened to "giving back" and taking a DESERVING pro bono case and the satisfaction that comes from making a real difference and doing the right thing? Legal fees can never give that kind of satisfaction. Money pays the bills and makes life better (I like money too!) but money never has and never will buy happiness and fulfillment!

    THANK YOU!