Tag Archives: prosecutorial misconduct

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New Report Details Need for Greater Transparency and Accountability for Prosecutors

The Innocence project (NY) has announced the release of a new report calling for greater transparency and accountability for prosecutors.

On the fifth anniversary of the U.S. Supreme Court’s decision in Connick v. Thompson, which granted prosecutors broad immunity for their misconduct, a coalition of innocence organizations today released a new report, Prosecutorial Oversight: A National Dialogue in the Wake of Connick v. Thompson, calling for greater transparency and accountability for prosecutors. Although prosecutors have long argued that there are sufficient systems in place to guard against misconduct, the report reviewed court findings of misconduct over a five year period for five states, documenting 660 findings of misconduct – a likely undercount given the difficulties in identifying this behavior. Of these cases, we know of only one prosecutor who was disciplined for his misconduct, and that took a change of law by the Texas Legislature. The report, which was produced in conjunction with forums featuring a broad array of criminal justice stakeholders in the five states surveyed, provides a list of recommendations that states should pursue to increase prosecutorial transparency and accountability.
This report was a collaborative effort by several organizations that oversaw the design and implementations of the research process. The organizations primarily responsible were the Innocence Project, the Veritas Initiative at Santa Clara University School of Law, Innocence Project New Orleans and Resurrection after Exoneration. A number of additional organizations also provided support in hosting and presenting the prosecutorial oversight forums. These included the Arizona Justice Project, the Pennsylvania Innocence Project and the Actual Innocence Clinic at the University of Texas School of Law.

$16.8 Million Awarded by State of Connecticut to Four Wrongfully Convicted Men

The State of Connecticut has awarded $4.2 million each in compensation to Carlos Ashe, Darcus Henry, Sean Adams, and Johnny Johnson. The four were convicted of murder, assault, and conspiracy resulting from a December 14, 1996, shooting in New Haven, Connecticut. Jason Smith, 23, was killed and brothers Marvin Ogman, 19, and Andre Clark, 22, were injured when allegedly four men utilized semi-automatic weapons in a gang-related retaliation shooting. Including both jail and prison, the four were incarcerated for more than 16 years.

The defendants presented alibi witnesses at trial. The primary evidence presented by the prosecution was inconsistent testimony of the surviving Continue reading

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The Cure for the Cynical Prosecutors’ Syndrome: Rethinking a Prosecutor’s Role in Post-Conviction Cases

“The Cure for the Cynical Prosecutors’ Syndrome: Rethinking a Prosecutor’s Role in Post-Conviction Cases” by Laurie L. Levenson  of the Loyola Law School in Los Angeles was recently published by the Berkeley Journal of Criminal Law. The abstract reads:

One of the biggest challenges facing the criminal justice system is dealing with the growing tide of post-conviction petitions claiming wrongful conviction. Each year, the number of exonerees grows. In 2014, an unprecedented 125 exonerations were recorded in the United States. In analyzing how post-conviction matters are handled, it becomes apparent that one of the key roadblocks to remedying these injustices is not, as some have suggested, the attitude of young prosecutors. Rather, senior prosecutors also suffer from a type of “Cynical Prosecutors’ Syndrome” that impairs their ability to play a constructive role in the exoneration process. This article discusses the role of prosecutors in the post-conviction process, analyzes current studies of prosecutorial attitudes, and proposes reforms to ensure that meritorious post-conviction challenges are handled properly.

You can download the full article here.

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