Prosecutors are arguably the most powerful figures in the American criminal justice system. Prosecutors decide which charges to bring, what plea bargain to offer, and what sentence to request. Their decisions have far-reaching consequences on defendants, victims, their respective families, and the general public. Given the special duties of prosecutors, and the broad power they exercise in the criminal justice system, it is critical that prosecutors discharge their duties responsibly and ethically.
Recent studies reveal that prosecutorial misconduct is a systemic reality within the criminal justice system. In 2003, a study conducted by the Center for Public Integrity found that prosecutorial misconduct was a factor in dismissed charges, reversed convictions, or reduced sentences in at least, 2,012 cases since 1970. In 28 of those cases, involving 32 separate defendants, prosecutorial misconduct led to the wrongful conviction of innocent individuals. In 1999, a national study conducted by the Chicago Tribune found that between 1963 and 1999, the courts dismissed homicide convictions in 381 cases because prosecutors suppressed exculpatory evidence or presented false testimony.
Despite the prevalence of prosecutorial misconduct all over the country, states have consistently failed to investigate or sanction prosecutors who commit acts of misconduct in order to secure convictions. This lack of accountability has led to a widespread abuse of prosecutorial power, and a flawed and inaccurate criminal justice system.
In Improving Prosecutorial Accountability: A Policy Review, The Justice Project offers solutions to the systemic problems that lead to prosecutorial misconduct. By increasing transparency and improving the accountability of prosecutors, states and prevent the kind of misconduct and abuses of power that lead to wrongful convictions. The policy review also profiles cases of injustice, highlights jurisdictions that have enacted reforms in this area, and presents a model policy.
The Justice Project’s Recommendations to Ensure Prosecutorial Accountability
|
Related Studies
California Commission on the Fair Administration of Justice, Professional Responsibility and Accountability of Prosecutors and Defense Lawyers, 2008.
The Center for Public Integrity, Harmful Error: Investigating America’s Local Prosecutors, 2003.
Ken Armstrong and Maurice Possley, Trial and Error: Chicago Tribune Series, 1999
Related Cases
Roy Brown
Roy Brown spent fifteen years in prison for a murder he did not commit. Several preventable prosecutorial errors led directly to Brown’s wrongful conviction. Prosecutors in the case did not adequately investigate other possible leads—including one pointing to the real killer. In addition, the prosecution failed to disclose to the defense a crucial expert opinion that cast doubt on the state’s entire case.
Ernest Willis
Ernest Willis spent seventeen years on death row in Texas largely as a result of prosecutorial misconduct. In 2004, the Supreme Court found that both his conviction and sentence were obtained in violation of his constitutional rights. More specifically, the state inappropriately administered antipsychotic drugs to Willis and suppressed evidence favorable to the defense. Willis was eventually pardoned and exonerated and received $430,000 compensation.
Milton Lantigua
Despite his repeated protests of innocence and a lack of substantial evidence, Milton Lantigua was convicted for the 1990 murder of a man named Felix Ayala. Because the prosecution allowed a highly unreliable witness to perjure herself on the stand, Lantigua served five years in prison wrongfully convicted before an appeals court reversed his conviction. In 2005 the City of New York agreed to compensate Lantigua one million dollars to settle a civil rights lawsuit.
Tim Masters
Tim Masters spent nearly a decade in prison for a murder he did not commit. Despite no physical evidence connecting Masters to the crime, tunnel vision drove police and prosecutors to focus on Masters as a suspect for nearly ten years after the crime was committed. Masters later discovered that the prosecution withheld key pieces of evidence pointing to his innocence. He was exonerated by DNA testing in 2008.
