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The Costs of Wrongful Convictions Continue to Rise


Last week, the San Jose Mercury News reported that Jeffrey Rodriguez, a man from San Jose who spent five years in prison for a crime he did not commit, was awarded a $1 million settlement from Santa Clara County for his wrongful conviction. Jeffrey's wrongful conviction and his subsequent settlement is not a unique story in Santa Clara: since 2005 the county has paid more than $4.6 million in settlements for wrongful convictions by the District Attorney's office. Nor is Jeffrey's story unique to the state of California. Earlier this month a Louisiana circuit court of appeals upheld a $14 million jury settlement against the Orleans Parish DA for misconduct resulting in the wrongful conviction and death sentence of John Thompson.

 

Like clockwork, wrongful convictions continue to occur at the hands of a system that is prone to error. In addition to the unconscionable act of incarcerating a person for years for a crime they did not commit, wrongful convictions impose an enormous financial burden on taxpayers. Year after year, month after month, the criminal justice system must pay for its mistakes.

In this economic climate, can states really afford to have a criminal justice system prone to dangerous, costly errors? The answer is no. Especially when the source of these errors--which are accounted for in The Justice Project's policy reviews--are well known and well-documented, and when there are cost-effective, common sense solutions to the causes of wrongful convictions.

 

But states can take action right now to prevent the injustices mentioned above. For example, one of the leading and most troubling causes of wrongful convictions, and the source of all the faulty verdicts mentioned above, is prosecutorial misconduct and suppression of evidence. As detailed in The Justice Project's policy review, Improving Prosecutorial Accountability, prosecutors are rarely held accountable by the state bar or state disciplinary authorities for intentional or unintentional errors that cost innocent men and women their freedom. One cost-effective measure states can take to prevent future wrongful convictions is to launch investigations and issue sanctions where appropriate against prosecutors who, by withholding important evidence from the defense, are responsible for hindering fair and accurate verdicts.

 

When the causes of wrongful convictions are well-known and well-documented, a failure to utilize this critical information and enact reforms will only lead to more inaccurate verdicts in our courtrooms. Without action, we will continue to hear stories of innocent people languishing in prison, and, just as they've had to do in New Orleans, Louisiana and Santa Clara, California, taxpayers will continue to shoulder the financial burden of the criminal justice system's costly errors.


John F. Terzano is President of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.


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John Terzano - The Justice Project

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John Terzano has been involved in social justice advocacy for more than twenty-five years. Terzano led a five-year campaign to pass the Innocence Protection Act (IPA), the first piece of federal death penalty reform legislation to pass Congress and be signed into law. The IPA allows for DNA testing of individuals who may have been wrongfully convicted and authorizes funding to states to clear their DNA backlogs and improve forensic laboratory capacity and standards across the nation as well as provide assistance to states to improve the quality of legal representation for indigent defendants in State capital cases among other reforms. As president of The Justice Project, John is instrumental in working to reform the criminal justice system through public education, litigation support and legislative reform efforts. Terzano received his undergraduate degree in public affairs from the Elliot School of International Affairs at George Washington University; graduated magna cum laude from the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL); and received a Master of Laws (LL.M.) degree in International Legal Studies from American University's Washington College of Law. Terzano is an Adjunct Professor of Law at UDC-DCSL, is a former Vice Chair of the American Bar Association's Section of Individual Rights and Responsibilities Criminal Justice Committee and currently serves on the Board of Directors of the Southern Center for Human Rights and Friends of the Law Library of Congress.

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