As advocates of justice, prosecutors play a unique and powerful role in our justice system. Yet too often, prosecutors fall prey to a pervasive "convict at all costs" culture, and neglect their ethical duty to protect the innocent and guard the rights of the accused. The recent actions of Santa Clara District Attorney Dolores Carr demonstrate this troubling culture. Carr has directed her office to boycott the courtroom of Superior Court Judge Andrea Bryan, who barred the retrial of a case overturned due to Santa Clara prosecutor Troy Benson's prosecutorial misconduct. The finding of misconduct against Troy Benson presents an opportunity for Santa Clara prosecutors to examine what may have led to Benson's misconduct, and take steps to ensure abuses of power do not take place again in the future. However, instead of addressing her colleague's misconduct, which Judge Bryan called "grossly shocking," Carr is calling for open criticism of the judge responsible for upholding her constitutional obligation to reverse convictions prejudiced by egregious prosecutorial misconduct.
All too often, prosecutors' offices fall prey to a culture of conviction-seeking at all costs. Prosecutors who become singularly focused on conviction rates often neglect their ethical duty to protect the innocent and guard the rights of the accused. The Kern County District Attorney's Office in California provides a clear example of this pitfall, boasting that under District Attorney Ed Jagels' supervision, the office "has had the highest per capita prison commitment rate of any major California County." What the office fails to highlight is the startling twenty five wrongful convictions that the office has accrued during Jagels tenure as District Attorney. Jagels recently announced his retirement, and despite his appalling record, he hopes to personally select his successor.
The troubling culture apparent in the Kern County office is not the exception. Due in large part to the public pressure to convict and the widespread failure of state bars and disciplinary agencies to hold prosecutors accountable for ethical violations, this culture of "convict at all costs" is a nationwide problem.
Last week, after spending 28 years in prison for a murder he did not commit William Dillon was finally freed. DNA testing conducted by the Florida Innocence Project convinced prosecutors in Brevard County, Florida not to re-try Dillon for the 1981 murder. A story in the Florida Today newspaper recounted the numerous acts of prosecutorial misconduct in Dillon's case that led to this miscarriage of justice.
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