Errors and Misconduct Unpunished: Study Reveals Prosecutors Often Escaping Sanctions for Blunders and Misbehavior

In a shocking revelation, the Innocence Project has released a report alleging that prosecutors across the United States are rarely held accountable for withholding evidence or committing misconduct that leads to wrongful convictions. The report, issued on the anniversary of the landmark Supreme Court ruling in the case known as Connick v. Thompson, echoes previous findings, such as ProPublica's 2013 analysis focused on New York City prosecutors.

The report is a response to the Connick ruling, which dismissed a $14-million dollar award to a man who served 18 years in prison for a crime he did not commit due to prosecutorial misconduct. The report found that, in the rare instances where an investigation is launched, committees generally fail to properly discipline the prosecutor who committed the misconduct.

Researchers examined court records in Arizona, California, Texas, New York, and Pennsylvania from 2004 to 2008 and found 660 instances of prosecutorial error or misconduct. Out of these, 527 convictions were upheld, and 133 were overturned. This underscores the urgent need for reform in the justice system.

The report suggests several recommendations to improve accountability for prosecutors. These include mandating judges to report all findings of misconduct and requiring prosecutors to turn over all law enforcement material before trial. The report also emphasises the importance of state legislatures passing laws requiring prosecutors to turn over all relevant material well before trial.

Unfortunately, the report found that appellate judges and others rarely report findings of prosecutorial misconduct to state panels and bar associations. This lack of transparency and accountability has led to situations where several wrongfully convicted people have successfully sued New York City, resulting in tens of millions of dollars in settlements.

One notable case is that of Charles Hynes, a former Brooklyn District Attorney, who was voted out of office in part because of wrongful convictions gained through misconduct by his prosecutors or police detectives. However, the report found that only one New York City prosecutor, Claude Stuart, was formally disciplined, according to ProPublica's analysis.

The report was introduced with a 2011 letter to then-Attorney General Eric Holder and two national prosecutor associations, signed by 19 people who were wrongfully convicted due to prosecutorial misconduct. Unfortunately, the Justice Department never responded to this letter, according to the Innocence Project.

In conclusion, the Innocence Project's report underscores the need for reform in the justice system to ensure accountability for prosecutors. The report's recommendations, if implemented, could help prevent future instances of wrongful convictions and bring justice to those who have been wronged.