Category Archives: Commissions/Innocence Commissions/Governmental Case Review Agencies

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Alaska Legislature Passes Common Sense Criminal Justice Reform

Over the decades, driven by political expediency, “the law” has become ever more complex, restrictive, and punitive. U.S. Ninth Circuit Judge Alex Kozinski stated, “We need to repeal three felonies a day for three years.”

In Alaska, they haven’t repealed any felonies, but the state legislature has enacted a law to bring a higher level of common sense and fair treatment to the Alaska criminal justice system – Alaska Senate Bill 91. With a recidivism rate in excess of 60% in Alaska, they finally figured out that continuing to put people in prison with long sentences for just about any offense is not working.

The bill incorporates recommendations of the Alaska Criminal Justice Commission to adopt data-driven and research-based criminal justice reforms. These reforms include:

  • A new risk-based system for release of defendants from jail pretrial, and supervision of those defendants in the community;
  • Sentencing reforms that focus prison beds for serious violent offenders;
  • And evidence-based practices to strengthen probation and parole supervision.

See the Alaska Dispatch News story here.

Last report was that the bill was awaiting transmittal to the governor.

It’s long, long past time that the legislators around the country started actually looking at the DATA and RESEARCH on criminal issues before they go passing knee-jerk, blatantly political criminal justice legislation. Hats off to Alaska for this. At least it’s a step in the right direction.

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Colorado Prosecutors Practice ‘Spin’ and Deceit

I have long been dismayed by the state of ethics within the prosecutorial community. Here is just one more example of why. This one stretches the limits of credibility to the point of being sadly laughable.

Between 2010 and 2014, prosecutors in Colorado conducted what was called the “Justice Review Project,” which was federally funded for $2.6 million. The objective was to review over 5,000 convictions to determine if DNA testing could prove any of the defendants actually innocent.

The “Project” consisted entirely of prosecutorial staff, with the exception of the “Review Board,” which did have representation from the legal defense community. However, there was only one case that ever came before the review board, and that case was imposed upon the “Project” by outside defense counsel, which had already paid for independent DNA testing. This one case was also the only one out of over 5,000 that the “Project” determined was suitable for DNA testing. The “Project’s” selection criteria had been set up to allow off-hand disqualification of essentially every case.

The prosecutors then went on to claim (boast) that the “Project” proved that the Colorado justice system is infallible, and that Colorado prosecutors “get it right the first time” all the time. Not only that, but they also had the unmitigated gall to state in their final report on the “Project” that the one case in which DNA was tested (which they had forced on them), and proved innocence, was their “crowning achievement.”

Now the prosecutors are refusing to release (hiding) records of the “Project.” So, the Exoneration Project is suing in Denver District Court to have the records released.

See the Colorado Independent story here.

 

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“Conviction Integrity Units” – Foretelling the Future?

We’ve posted previously about our (my) high degree of skepticism regarding the actual integrity of, and motivations for, so-called “conviction integrity units” in prosecutors’ offices. Please see:

A Word About Conviction Integrity Units

Conviction Integrity Units – A Skeptic’s Perspective

In both of these articles we made note of the fact that the New Orleans District Attorney and the Innocence Project – New Orleans had agreed to establish a joint conviction integrity unit. This would be “ground breaking” for a prosecutor to team up with an innocence organization for this, because it would provide absolutely objective oversight of the CIU (which none of them have, because they are totally contained within the prosecutor’s office); and we said this will bear careful watching.

In the second of the above articles, we stated that when the conviction integrity units eventually start to be disbanded (which I believe they will), we will hear one of these reasons, or a combination of the two, as the justification:

1) We’ve fixed everything there was to fix, and we promise to behave ourselves in the future, so the CIU is no longer needed.

2) Budget constraints and the requirements of ongoing prosecutions force us to apply the resource devoted to the CIU to more urgent business.

Please see Mark Godsey’s “Quick Clicks” from Monday, Jan. 11, 2016 here for news that the project between the New Orleans District Attorney’s office and the Innocence Project – New Orleans to form a joint conviction integrity team has been abandoned. And the reason? Budget.

Hmmm. Really?

Final comment. The very existence of “conviction integrity units” begs the question – why? Because they can’t get it right the first time? But given that honest errors leading to a wrongful conviction may occur, leaving it to the prosecutors to correct their own mistakes and misdeeds is not the right way to do it. Having prosecutors oversee prosecutors is like having cops oversee cops, and we know how that works.

 

Prosecutors Oppose New Trial for Melissa Calusinski in SBS Case

We’ve previously posted about the Melissa Calusinski case in Lake County, IL here. It would seem to clearly be a case of a coerced false confession, combined with bad medical “science.”

Lake County State’s Attorney, Michael Nerheim, has already declined to have his so-called “conviction integrity unit” review the case.

Now, despite the fact that the Lake County Coroner officially changed the cause of death from homicide to undetermined, and despite the fact that newly discovered X-ray evidence shows that the child had experienced previous head trauma, the prosecution is opposing a request for new trial by Calusinski’s attorney.

Why are we not surprised? See the Lake County Daily Herald story here.

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