Criminal Justice Reform Commissions
Convicting an innocent person represents a failure in our criminal justice system.
With the advent of DNA evidence, we can now know with absolute certainty that certain convictions were mistakes. But how did the police, prosecutor, judge, and jury all find this person guilty beyond a reasonable doubt? Criminal Justice Reform Commissions enable us to review the case, identify the causes of mistaken conviction, and recommend remedial steps to avoid future mistaken convictions.
When innocent people are the focus of investigations and prosecution, the real perpetrator evades responsibility. By improving the operation of our criminal justice system, Criminal Justice Reform Commissions are just good law enforcement.
What is a Criminal Justice Reform Commission?
A Criminal Justice Reform Commission is an independent investigative committee comprised of key players from throughout the criminal justice system, including prosecutors, judges, police officers, defense attorneys and forensic scientists. They examine post-conviction DNA exonerations to establish their causes and recommend changes to prevent future wrongful convictions.
The key features of Criminal Justice Reform Commissions are subpoena power, access to first-rate investigative resources, and political independence. These commissions must be trusted to speak out about cases where the system fails. Finally, they must consist of distinguished players from all aspects of the criminal justice system, so that their findings will be trusted, respected, and acted upon.
Have Criminal Justice Reform Commissions been formed elsewhere?
Yes. California, Connecticut, Illinois, North Carolina, Pennsylvania and Wisconsin have established Criminal Justice Reform Commissions, and many more states are considering doing the same. For example, in 2005, a Criminal Justice Commission was established by the State Bar of Wisconsin, two Wisconsin law schools, and the Wisconsin Attorney General’s Office, to identify and remedy problems with the Wisconsin criminal justice system. For six months, the Commission examined the DNA backlog at the Wisconsin State Crime laboratories, and in February of this year, issued a report on how to reduce DNA testing turnaround time. In April of 2006, the California Commission on the Fair Administration of Justice, comprised of key stakeholders from all corners of the criminal justice system, issued its first of seven inquiries into the causes of wrongful conviction. Since that time, legislation relating to four primary causes of wrongful conviction have been considered by the California legislature.
How much will a Criminal Justice Reform Commission cost?
Criminal Justice Reform Commissions needn’t be costly. Participation on the Criminal Justice Reform Commission is consistent with most members’ existing work, and in many cases can simply be an extension of their existing jobs. In Pennsylvania, for instance, existing state research staff provide the administrative support for the Commission’s work.
