Prosecutor’s Viewpoint Shouldn’t Obscure: We Can Do Better

Yesterday, Mark Godsey posted on a commentary written by Erie County (NY) District Attorney Frank A. Sedita III and published here in the BuffaloNews.com. It has drawn considerable commentary from those who read this blog. However, for persons uneducated on the subject of wrongful conviction, the prosecutor’s viewpoint might serve to downplay concerns about miscarriages of justice and discourage the public from supporting criminal justice reforms. That would be a shame.

Mr. Sedita’s commentary plays on the universal fear of crime and criminals. The tide of public concern has been turning, however, as a result of the undeniable rash of wrongful convictions proven by DNA. Americans have learned from the Innocence Project and more recently from the Registry of Exonerations that wrongful conviction, one of the most horrific experiences imaginable, occurs much more frequently than most imagined. Analysis of proven conviction errors has revealed recurring contributors to miscarriages of justice that cannot be attributed properly to “human error.”

District Attorney Sedita neglects to comment on perpetrators of violence who have continued to commit crimes such as rape and murder after escaping justice due to the wrongful conviction of an innocent person.

No denial or defensiveness can obscure the fact that we can do better. Those in the criminal justice system who are committed to truth in justice and the important work of protecting society from crime and criminals deserve our support and respect. They also deserve policies that reflect best practices and a culture that places its highest priority and focus on perfecting our justice system to reduce conviction error and apprehend lawbreakers.

Those in leadership, and prosecutors most of all, should be less concerned about defending a conviction or a record and more focused on efforts and policies that can improve conviction accuracy and better delivery on the promise of justice for all. Only then will public confidence in the criminal justice system be restored to the high levels it once commonly enjoyed.

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