| On the need to punish prosecutors; the justice project | |
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| Tweet Topic Started: Mar 7 2010, 09:18 AM (235 Views) | |
| Quasimodo | Mar 7 2010, 09:18 AM Post #1 |
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http://www.thejusticeproject.org/blog/failing-to-punish-prosecutorial-misconduct-only-invites-more/ Failing to Punish Prosecutorial Misconduct Only Invites More February 24, 2010 By John F. Terzano On the last day of 2009, federal district court judge Ricardo Urbina dismissed homicide charges against five former Blackwater security guards involved in a shooting that killed fourteen Iraqi civilians in 2007. Judge Urbina’s decision cites egregious prosecutorial misconduct by the federal prosecutors handling the case as the reason for the dismissal. The dismissal comes at the end of a year that saw at least a dozen cases of federal prosecutorial misconduct, including the well known Ted Stevens fiasco. These cases and others reinforce an emerging consensus that we must do more to ensure that our prosecutors live up to the standards of professionalism and fairness on which our system depends. . . A recent Washington Post article examined in detail the actions of the experienced and well-respected lead prosecutor Kenneth Kohl. The Post reported that despite documented warnings of a consulting prosecutor about the inadmissibility of statements made by the defendants, Kohl utilized the statements to obtain search warrants of the defendant’s homes and referred to them during grand jury proceedings. Because the case was mishandled from the start, Judge Urbina was forced to dismiss the charges before a trial could take place to determine the guilt or innocence of the Blackwater guards and bring finality and justice to a sensitive and tragic case. (snip) In spite of promises OPR made nearly one year ago to investigate the misconduct in the Ted Stevens case and possibly impose sanctions against the prosecutors at fault, none of the prosecutors involved in that case have faced any sanctions, nor have the results of any investigation been released. (snip) Prosecutors are the most powerful actors in the criminal justice system; they have enormous control and discretion over the course and outcome of criminal cases. . . In order to prevent cases like this from occurring in the future, the Department of Justice must take more steps to improve prosecutorial accountability by investigating and imposing meaningful sanctions on the prosecutors responsible for the breakdown of this important case. Failing to do so only invites more misconduct by overzealous prosecutors. |
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| Quasimodo | Mar 7 2010, 09:22 AM Post #2 |
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http://www.thejusticeproject.org/blog/prosecutors-must-seek-justice-not-merely-convictions/#more-728 Prosecutors Must Seek Justice, Not Merely Convictions February 16, 2010 By John F. Terzano As advocates of justice, prosecutors play a unique and powerful role in our justice system. Yet too often, prosecutors fall prey to a pervasive “convict at all costs” culture, and neglect their ethical duty to protect the innocent and guard the rights of the accused. The recent actions of Santa Clara District Attorney Dolores Carr demonstrate this troubling culture. Carr has directed her office to boycott the courtroom of Superior Court Judge Andrea Bryan, who barred the retrial of a case overturned due to Santa Clara prosecutor Troy Benson’s prosecutorial misconduct. (snip) However, instead of addressing her colleague’s misconduct, which Judge Bryan called “grossly shocking,” Carr is calling for open criticism of the judge responsible for upholding her constitutional obligation to reverse convictions prejudiced by egregious prosecutorial misconduct. (snip) For example, prosecutor’s offices should establish training programs and official office policies on the prosecutor’s duty to disclose evidence to the defense and the proper use of prosecutorial discretion – a move that The Department of Justice recently took in response to the Ted Stevens case. Moreover, prosecutors who intentionally abuse their power to secure a wrongful conviction must be investigated and disciplined for their actions. Jurisdictions should also establish prosecutorial review boards with the power to investigate and sanction prosecutors who perpetrate acts of misconduct as a means of recognizing the unique power prosecutors hold. Implementing these reforms will foster a more ethical culture in prosecutors’ offices and increase transparency in prosecutorial decision-making. |
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| Quasimodo | Mar 7 2010, 09:31 AM Post #3 |
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http://www.thejusticeproject.org/blog/cole-pardon-a-stark-reminder-of-the-need-to-fix-eyewitness-procedures/ Pardon a Stark Reminder of the Need to Fix Eyewitness Procedures March 2, 2010 By Edwin Colfax On March 1 Texas Governor Rick Perry officially pardoned Timothy Cole, who was wrongfully convicted over two decades ago. Tragically, the DNA tests that proved Cole’s innocence came too late: he died in prison in 1999 while serving time for a rape he did not commit. A faulty lineup led to inaccurate eyewitness evidence in Cole’s case, which serves as a reminder of the urgent need for eyewitness identification reforms that increase reliability and reduce the risk of mistakes. (snip) Researchers have identified a number of changes to lineup procedures that can substantially cut the risk of misidentification and produce more reliable evidence. Unfortunately, most police departments and sheriff’s offices have no written policies for conducting lineups at all, and of those that do, only a small fraction include best practices that increase accuracy. [And some which do have policies sometimes ignore them...] (snip) Second, the solution must address all known sources of inaccuracy in existing procedures, including: suggestive lineup composition, inadvertent cueing of witnesses, and the natural tendency on the part of some witnesses to identify someone in the lineup based on the assumption that the perpetrator must be present. In short, we need to be sure that the solution is comprehensive and is strong enough to ensure that good procedures are enacted and followed. (snip) |
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7:14 PM Jul 10