Should Innocence Projects be treated differently
Innocence projects occupy a special place in the justice system. The most obvious attribute is that they only handle cases of actual innocence – which is a pretty small percentage of cases. They also only handle cases where someone has been convicted, and usually been through the appellate process. They all operate on shoestring budgets, and represent those who can't afford a lawyer.
I liked to believe that some degree of credibility is given to innocence projects. Since their budgets are limited, they must be extremely selective in the cases they take – and devote resources. If an innocence project takes a case, you can bet they have no doubt that the person is actually innocent. In other words, they didn't do it. Prosecutors being who they are though, they view such projects with a certain level of suspicion – and rightly so to some extent. No one expects them to jump on board simply because an innocence project is involved. On the other hand, you would expect them to treat the projects a little different from the run of the mill lawyer. After all, they don't have to represent anyone, and you don't have a right to counsel in such proceedings.
All this brings me to an upsetting post by the Florida Innocence Project. They have noticed an increasing level of opposition by prosecutors. In other words, they are fighting the cases more aggressively. Is that because they are starting to look bad? I think that is part of it; everyone has an ego, it takes a hit when you find our you are wrong. However, A big part is also the adversary system itself - which doesn't work well in innocence cases.
By definition, the adversary system didn't work when an actually innocent person is convicted. Sometimes it's no one fault, but other times not. In an adversarial system the parties start out taking opposing positions; and most of the time prosecutors don't feel much personal responsibility. The jury is one that makes the decision, and they view their job as simply presenting the case to the jury. In innocence cases though the ultimate responsibility is on the prosecutor - while there has to be judicial determination, the position of prosecutor plays a significant role. In other words, if they oppose the claim, the chances are good it won't get granted.
All that means they shouldn't oppose an innocence claims simply because they believe that is their job. The responsibility is on them, and they have to make a decision that is often times not popular. When politics are interjected, the system is bound to fail.
We have made great strides in innocence litigation, but much remains to be done. If the actually innocent are to have any hope the prosecutors must do their part - which is to step out of their normal role. Unfortunately, it looks like this isn't happening in Florida.
