HCBA Lawyer Magazine Vol. 29, No. 2 | Page 13

F R O M T H E S T A T E A T T O R N E Y An d re w H. Wa r re n - St at e At t o r n ey fo r t h e T h i r t e e n t h Ju d i c i a l Ci rc u i t Continued from page 10 not to mention the best efforts of prosecutors and investi gators, wrongful convictions unfortunately exist. Although wrongful convictions are rare, prosecutors still need to take proactive steps to mitigate mistakes from occurring and to fix them when they do. That is why the State Attorney’s Office is establishing a Conviction Review Unit (CRU), a specialized section within the Office to prevent, identify, and remedy wrongful convictions by conducting fact-based reviews of convicted defendants where plausible claims of innocence are raised. These units have emerged over the past decade, with approximately 35 of them currently in operation across the country, including major cities such as Brooklyn, Chicago, and Houston. How a CRU (a/k/a Conviction Integrity Unit) operates may vary between offices, but the structure is generally the same. There is a screening process to identify common aspects of wrongful convictions, such as failure to conduct DNA or other forensic testing, faulty eyewitness identification, questionable confessions, or changed testimony from critical witnesses. Cases that pass the initial screening proceed to review by an attorney, often with the help of an investigator or other staff. The review process essentially involves re-investigating the case, including witness interviews, forensic testing, evaluating existing evidence, or finding new evidence. The review may be as narrow as a single issue or as broad as the entire investigation and prosecution. Sometimes the review reaffirms the conviction; sometimes it does not move the needle either way; and sometimes it raises serious questions about the conviction or even exonerates the defendant. In those instances, the office would usually dismiss the charges. The concept of prosecutors overturning their own convictions may sound odd, but wrongful convictions are contrary to the very fiber of our criminal justice system. They punish the innocent while the actual perpetrators go free, undermining public safety and the integrity of our system. Once we recognize the incontrovertible truth that our justice system is imperfect and that wrongful convictions are a consequence of that imperfection, then it becomes a moral imperative to do what we can to prevent and remedy wrongful convictions. After all, a prosecutor’s job is to seek justice, and that search does not end simply because the case is closed. Our duty to seek justice continues — always. NOV - DEC 2018 | HCBA LAWYER WELCOME NEW HCBA MEMBERS August / September 2018 Jonathan Allen Barbara Baity Allison Brandt Alexa Cline Antoine D. Daniels Joy Ann Demas Kevin Dewar Michelle Doherty Bridgette Michelle Domingos Katelyn Dougherty Joleen East Juan Garcia-Pardo Andrew O. Gay Blain Goff William E. Hamilton Kyleen Hinkle Sam Houston Dionne Jones Sharon S. Kelley Elizabeth King Keegan Lathan Kathleen Logan William Lucius Lisa Martin Alyssa Milby Alex Joseph Mindrup Beatriz Maria Miranda James Lawrence Nulman Lindsey Renard Eryn E. Riconda Johnny Salgado Aloyma Sanchez Catherine Munch Saylor Anthony J. Scaglione Luis Silva Jack Light Townsend, Jr. Samantha Tracy Andrew Hart Woodbury 11