The Prosecutor's Power to Correct and Prevent Unjust Convictions

Abstract

Over the past three decades, it has become increasingly clear that the United States' protections for criminal defendants are insufficient to prevent unjust convictions. The increased availability of DNA testing and surge in exonerations have cast a bright light on the prevalence of wrongful convictions and the systemic factors that drive these errors. Yet, despite increased awareness of these concerns, wrongfully convicted individuals still face tremendous barriers to justice. In order to address these challenges, a growing number of prosecutors have established Conviction Integrity Units (CIUs) We use the term CIU to refer broadly to a unit within a prosecutor's office dedicated to reviewing wrongful conviction claims, although the official terms used to refer to these units vary by office. For example, these units are sometimes called Conviction Review Units, which can be used interchangeably with CIUs, or Post-Conviction Justice Units, which, as we explain in Section 5, perform the functions of a CIU but include a broader focus. dedicated to reviewing wrongful conviction claims. This work has, over time, informed some prosecutors' efforts to prevent future wrongful convictions by developing a »just culture« based on shared accountability and continuous improvement. As the movement to address wrongful convictions continues to expand, some prosecutors are beginning to advocate for broader reforms and a holistic vision of post-conviction justice.