the beginnings of solutions to America’s injustice problem

It’s easier to point out the problems than to find solutions.  In the American injustice system, I pointed out the problems, and I have documented them in Law: See Also, a collection of links to articles on injustices, usually systemic in nature, perpetrated by our justice system.  In this post, I begin collecting and discussing possible solutions to what I consider America’s biggest domestic problem.

The Innocence Project (from their own statement)

The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment

Radley Balko and Roger Koppl make five suggestions for reform:

Forensic counsel for the indigent. In many jurisdictions, indigent defendants aren’t given access to their own forensic experts. As a result, the only expert witnesses are often testifying for the prosecution …

Expert independence. Crime labs, DNA labs, and medical examiners shouldn’t serve under the same bureaucracy as district attorneys and police agencies. If these experts must work for the government, they should report to an independent state agency, if not the courts themselves. There should be a wall of separation between analysis and interpretation. Thus, an independent medical examiner would, for instance, perform and videotape the actual procedure in an autopsy. The prosecution and defense would then each bring in their own experts to interpret the results in court. When the same expert performs both the analysis and interpretation, defense experts are often at a disadvantage, having to rely on the notes and photos of the same expert whose testimony they’re disputing.

Rivalrous redudancy. Whether the state uses its own labs or contracts out to private labs, evidence should periodically and systematically be sent out to yet another competing lab for verification. The state’s labs should be made aware that their work will occasionally be checked but not told when. …

Statistical analysis. The results from forensic labs should be regularly analyzed for statistical anomalies. Labs producing unusually high match rates should throw up red flags for further examination. For example, in 2004 Houston medical examiner Patricia Moore was found to have diagnosed shaken-baby syndrome in infant autopsies at a rate several times higher than the national average. This led to an investigation—and the reopening of several convictions that had relied on Moore’s testimony.

Mask the evidence. A 2006 U.K. study by researchers at the University of Southampton found that the error rate of fingerprint analysts doubled when they were first told the circumstances of the case they were working on. Crime lab technicians and medical examiners should never be permitted to consult with police or prosecutors before performing their analysis. …

This is just the beginning of this discussion.

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2 comments so far

  1. simonne liberty on

    common sense and true justice does not pay enough to those who lust for power and swim in greed.You need to have a conscience and a sense of humanity in order to seek justice. woe to those who dwell in self f righteousness for they shall reap what they sow.

  2. lumpy on

    Yes, well, I’m assuming there are plenty of people out there that have the qualities you suggest, and who, if clearly shown the problem and the answers, might be persuaded to petition and / or vote for representatives based on this.

    Also, the problem is not necessarily desire for power or money, but rather that, in my experience, law school breeds cynicism and a sense that what we have is either good enough, or that it can’t be meaningfully changed, which of course gets in the way of meaningful change from those who ought to be the first in line to bring it to America.

    As for self-righteousness, that abounds on all sides of the political spectrum.


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