Does California Need an Innocence Commission?…ABA Sez No More LWOP 4 KIDS….Confronting Lynching…MacArthur Puts Up $$$ to Reform U.S. JailsFebruary 11th, 2015 by Celeste Fremon
DOES CALIFORNIA NEED AN INNOCENCE COMMISSION?
North Carolina is the only state in the union that has an innocence commission, a neutral government agency that investigates claims of wrongful convictions.
The rest of the 49 states, California included, depend on the work of nonprofits, like the Innocence Project, along with certain activist lawyers who give a percentage of their time to working on innocence cases.
According to the National Registry of Exonerations compiled by the University of Michigan, since 1989, there have been 1,543 exonerations in the U.S. In 2012, California led the nation in innocence cases, with 119 exonerations since ’89. In 2013, Texas moved into first place, and remained in the top spot for 2014.
But whether or not we win first prize for exonerees in any given year, our populous state—with its massive criminal justice system–continues to make its share of tragic legal mistakes.
So do we need our own innocence commission?
The Atlantic’s Matt Ford writes about Joseph Sledge who spent 39 years in a North Carolina prison for a murder he didn’t commit. The state’s innocence commission got him set free at the end of last month, on January 23, 2015.
“In 49 other states, Joseph Sledge would still be in prison,” Ford writes.
Here are some clips from Ford’s story.
The North Carolina Innocence Inquiry Commission is the first full-time state agency dedicated to investigating post-conviction claims of actual innocence. “The innocence commission is the only one of its kind in the nation,” the executive director, Kendra Montgomery, told me. Other states have nonprofit organizations like the Innocence Project or think tanks with similar names, “but we’re the only state that has a government agency that is neutral to investigate these cases,” she said. 1,642 claims have been submitted to the commission since its creation in 2006; Sledge’s case marked the eighth exoneration.
Because it is a state agency, the commission has powers that other institutions lack. Investigators can compel testimony with subpoenas, for example, and gather other kinds of evidence for their cases. “The commission has the unique power, because we are a neutral, fact-finding state agency by statute, to collect and test physical evidence in criminal cases,” said Sharon Stellato, who led the commission’s investigation of Sledge. This ability can be decisive: In at least 18 cases, commission investigators were able to locate evidence that had been officially declared lost or missing by other state agencies. Three of those cases resulted in exonerations, while some others confirmed the convictions.
Exonerations, which were once exceedingly rare, have become regular features of the American justice system. The National Registry of Exonerations tallied 125 cases in 2014, the highest annual total so far. The group records 1,535 exonerations nationwide since records began in 1989. Of the 125 wrongful convictions thrown out in 2014, 33 came from Harris County, Texas after faulty testing procedures were uncovered there. Even without Harris County, however, the number of exonerations last year still outnumbered those in preceding years.
125 exonerations might seem paltry compared to the estimated 1 million felony convictions per year, but the number of wrongful convictions is likely far higher. Many jurisdictions don’t devote the same level of resources towards exonerations that North Carolina does, and even then, the process can be achingly slow. For a justice system that exalts due process and the presumption of innocence, any wrongful conviction represents a serious breakdown of justice. Even a handful of high-profile wrongful convictions can ripple throughout the public consciousness, undermining confidence in the system. “The country is having to psychically cope with conclusive evidence that we make, with some regularity, errors in criminal trial outcomes,” Tate said.
Investigating possible wrongful convictions, especially those that don’t involve DNA evidence, is a difficult and time-consuming matter. Even so, exonerations, as Ford writes above, are becoming a regular feature of our justice system.
But how many innocent people are still locked up who, for one reason or another, have not been able to get the attention of a willing lawyer, or non-profit?
The question becomes even more pressing when those convicted have been sentenced to die by the state’s hand.
According to a 2014 report published by the National Academy of Sciences, since 1973, when the first death penalty laws now in effect in the United States were enacted, 143 death-sentenced defendants have been exonerated.
To put it another way, since the death penalty was reinstated in the U.S. in 1978, for every ten whom we executed there was one death row exoneration. Not a comforting set of numbers.
Oh, and the great majority of those death row innocence cases—78—were black men.
PS: One of the arguments against a state commission is the expense. However proponents of an innocence commission counter that keeping innocent people locked up indefinitely is also a very high cost endeavor, both fiscally and morally.
AMERICAN BAR ASSOCIATION VOTES TO END TO LIFE-WITHOUT-PAROLE FOR CHILDREN
On Monday, the American Bar Association, passed a strongly-worded resolution calling for an end to the practice of sentencing children to life-in-prison-without-parole and urging “meaningful periodic opportunities for release.”
The ABA is the nation’s largest membership organization for lawyers, representing 400,000 prosecutors, defense attorneys, judges, litigators and others.
“With the adoption of Resolution 107C, the American Bar Association has sent a clear message to the legal community and policymakers across the country that children should never be sentenced to die in prison,” said ABA President, William C. Hubbard.
Hubbard called the practice of juvie LWOP “a severe violation of human rights.” He added, “The ABA applauds those states that have already taken steps to reform their laws and urges other states to pass similar reforms as soon as practicable.”
The text of the resolution itself uses even more forceful language. Here’s an excerpt:
The United States stands alone in permitting life without parole for juveniles. It is the only country other than Somalia that has not yet ratified the Convention on the Rights of the Child, which prohibits life without parole sentences for youth. The legal developments in [Supreme Court rulings] Graham and Miller, along with the advances in brain and behavioral development science showing how children are fundamentally different from adults… support a conclusion that it is inappropriate to decide at the time of sentencing that life without parole is an appropriate sentence for a juvenile offender. This resolution encourages jurisdictions to go one step further than Miller and to join the policy position of the rest of the world by eliminating mandatory life without parole sentences for youthful offenders.
THE NEED TO TALK ABOUT LYNCHING IN AMERICA
There were 3959 lynchings of black people in 12 southern states between the end of reconstruction in 1877, and 1950, according to a report released this week by the Equal Justice Initiative (EJI), the non-profit law and advocacy firm founded by attorney, Bryan Stevenson. (We’ve reported on Stevenson several times in the past.)
That number is at least 700 more lynchings than previous research has reported.
EJI and Stevenson maintain that in order to begin to cure the racial inequality that exists in the American criminal justice system, it is essential to have a conversation about the racial ills and profound trauma of the past, lynching included.
This is from the introduction to the report:
Between the Civil War and World War II, thousands of African Americans were lynched in the United States. Lynchings were violent and public acts of torture that traumatized black people throughout the country and were largely tolerated by state and federal officials. These lynchings were terrorism. “Terror lynchings” peaked between 1880 and 1940 and claimed the lives of African American men, women, and children who were forced to endure the fear, humiliation, and barbarity of this widespread phenomenon unaided.
Lynching profoundly impacted race relations in America and shaped the geographic, political, social, and economic conditions of African Americans in ways that are still evident today. Terror lynchings fueled the mass migration of millions of black people from the South into urban ghettos in the North and West during the first half of the twentieth century. Lynching created a fearful environment where racial subordination and segregation was maintained with limited resistance for decades. Most critically, lynching reinforced a legacy of racial inequality that has never been adequately addressed in America. The administra- tion of criminal justice especially is tangled with the history of lynching in profound ways that continue to contaminate the integrity and fairness of the justice system.
This report begins a necessary conversation to confront the injustice, inequality, anguish, and suffering that racial terror and violence created.
As Stevenson notes, Germany and South Africa has have each had their versions of truth and reconciliation in order to heal. The U.S. has not.
The NY Times’ Campbell Robertson also has a story on the release of the report, which you can find here.
MAC ARTHUR FOUNDATION LAUNCHES $75 MILLION INITIATIVE TO REDUCE USE OF AMERICA’S JAILS
On Tuesday, the MacArthur foundation MacArthur announced a five-year, $75 million investment that “seeks to reduce over-incarceration by changing the way America thinks about and uses jails.” (The John D. and Catherine C. MacArthur Foundation is one of the nation’s largest independent foundations.)
The plan that MacArthur is calling its “Safety and Justice Challenge” hopes to support and reward cities and counties across the country “seeking to create fairer, more effective local justice systems that improve public safety, save taxpayer money, and lead to better social outcomes.”
The new initiative is based on a MacArthur-supported report released Wednesday by the Vera Institute, called Incarceration’s Front Door: the Misuse of Jails in America.
[More on the Vera report tomorrow.]
Julia Stasch, MacArthur’s President summed up the foundation’s thinking: “For too long America has incarcerated too many people unnecessarily, spending too much money without improving public safety,” she said. “Jails are where our nation’s incarceration problem begins…”
Okay, MacArthur, how about starting in Los Angeles, the city with the nation’s largest jail system, thus the ideal test case.