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
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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
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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
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Elizabeth King
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William Lucius
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Anthony J. Scaglione
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Samantha Tracy
Andrew Hart Woodbury
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