Among the most powerful people in the justice system are prosecutors and the judges to whom they present their cases. The way our system is set up, judges must rely on whatever facts a prosecutor puts forth inside their courtroom.
It is the prosecutor who weighs the evidence police have gathered and then decides who is charged with a crime. They are the authors of the storyline presented to a criminal court jury. Prosecutors are the ones who suggest a sentence for the convicted – from a few years to life in prison or even death by state execution. Prosecutors hold the key every step of the way.
Let the record show that prosecutors are not perfect. Neither are the investigators who feed them case information. Over the years prosecutors have convicted the wrong person in thousands of criminal cases nationwide. And history shows their offices, the law enforcement agencies they work with, as well as judges who hear the cases have traditionally been loath to admit their mistakes. This results in unjustly convicted people continuing to serve time they should never have been sentenced to serve in the first place.

The National Registry of Exonerations keeps track of those who have been set free and reports that since 1989 there have been at least 2,522 convicts officially exonerated. The duration of their unwarranted imprisonment totals more than 22,300 years. Many of them were sentenced to life without parole and some have been imprisoned for more than four decades. A majority of these prisoners are Black males falsely charged with crimes like murder, rape, robbery and drug offenses. Their personal stories of unnecessary incarceration, prison violence and missed family milestones would break your heart.
Every year more mistaken convictions are added to the roster – caused either by flawed science, misinformation from rogue cops, overeager prosecutors or uncaring judges – proving wrongful prosecutions aren’t just an occasional fluke but a shameful flaw in our justice system. It makes one wonder just how many more innocent people remain behind bars.
Yes, there are legions of truly dedicated civil servants working in law enforcement but realize that with every unwarranted conviction comes a ripple effect of indescribable family pain that should not be ignored.
Progress is slow but more and more wrongful convictions are being reversed.

There are two main catalysts. One: innocence projects at both universities and at non-profit organizations are laboriously piecing together old cases and discovering definitive new evidence that cannot be ignored. Their findings of serious police and/or prosecutorial misconduct, perjury of key witnesses and even confessions from others have surfaced years after the original conviction. New, more sophisticated DNA testing has also helped win the release of dozens of wrongly convicted citizens.
Two: District Attorneys’ offices are establishing Conviction Integrity Units (CIU) specifically set up to look back at disputed convictions. Today, there are nearly 60 such units across the country marking a major shift in the traditional prosecutorial focus on simply winning convictions. In these units the emphasis is on the true facts of the case and justice for the victim.
“You take an oath to seek justice,” Philadelphia District Attorney Larry Krasner told the Washington Post. “That means innocent people go home. It also means, if you have an innocent person in jail, the guilty one got away.” Krasner, a veteran defense attorney, won election last year and since then his CIU has enabled 10 wrongly convicted murder defendants to walk free and have their record erased.

Earlier this month, Marilyn Mosby, the state’s attorney in Baltimore, Maryland won exoneration for three men erroneously convicted of murdering a student 36 years ago. “The system failed you,” Mosby told the trio. “You should never have seen the inside of a jail cell.” That brought to nine the number of former prisoners now walking free due to Mosby’s efforts.
In Detroit, Michigan the prosecutor’s Conviction Integrity Unit, set up two years ago, has helped secure the release of eleven former prisoners. This continues a pre-CIU trend in Michigan where dozens of convicts have been exonerated, including a record breaking 14 in 2017.
There isn’t one state in the union that has a perfect prosecutorial record according to the National Registry of Exonerations. But now, Texas, New York, Illinois and California lead the way in ferreting out and overturning inaccurate convictions. Bravo!
It isn’t easy for prosecutors to admit their office convicted the wrong person. It is equally tough for a police officer or judge to admit they made a mistake in a past criminal case. But it is the right thing for them to do.
If prosecutors in your state aren’t focused on reviewing cases in which there is a chance justice was not served there is something wrong.For every innocent person locked up there is the strong possibility that the real killer, rapist or career criminal is still out on the streets. That’s not justice, that’s playing Russian Roulette with the citizenry.
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Reader Dianne Layden writes:
Hi Diane,
I appreciate this column. My guest speaker in class last Wednesday night was Juan Melendez, who spent nearly 18 years on death row for a murder he didn’t commit. The prosecutor had a taped confession and evidence showing another man’s guilt, but he didn’t disclose the information as Juan’s case was heading to trial. At the time, Juan didn’t speak English. This prosecutor was not dismissed or disbarred but no longer was given homicide cases. Juan lives in Albuquerque. He is assisted with arrangements for his talks by public defender Judi Caruso.
Dianne
Albuquerque, New Mexico
Reader Lex Roberts writes:
I agree there’s innocent people in prison,,more innocent people then guilty serving time,, worldwide
Reader Douglas Shearer replies to Lex:
There are not more innocent in prison than guilty. Not even close.
Reader Madeline Michele Hovey replies:
Yeah well they’re guilty ones too … goes both ways
Reader Eddie Emmons writes:
Now, Diane….you know Americans love JUSTICE….little thought or sympathy afforded “criminals”….they must be guilty of “something” after all……
Reader Roy Merritt writes:
Presumably, a crime was committed. Therefore, this isn’t as easy to answer as one might assume.
1. The prosecution can only work with the evidence presented to them by investigators.
2. Investigators cannot force people to give them evidence.
3. Often, people are afraid to tell the truth. So a community can know who the guilty person is, but will let an innocent go to prison rather than inform.
4. I don’t believe taxpayers should pay millions for wrongful prosecution, especially if the prosecution was done in good faith.
5. If a prosecution is guilty of railroading an innocent person I believe the prosecutor (perhaps the prosecution team) should be sued and possibly imprisoned.
I’m thinking of a particular presidential candidate from California.
Diane replies to Roy:
Ummmm. You mean a former democratic presidential candidate from California who used to be a prosecutor? 🙂
Reader Joe Smith writes: (about a case of wrongful arrest)
https://www.abqreport.com/…/Cop-had-no-probable-cause…
Reader Robert Nentwicke writes:
Another beautifully written piece. Kudos once again for your work on the Michael Jackson (vermin) situattion. My wife and I have been fans since the old Court TV days.
Reader Stephen Moscatello writes:
I don’t know of any injustice that compares to being incarcerated for a crime not committed . I think a first step is to aggressively prosecute and member of the bar or law enforcement where exculpatory evidence exits yet not brought forward
Reader Nila Fuller writes:
I know my husband is innocent and it was a small town jury here in Texas who had their minds made up before trial started after they heard the charges that he was guilty….. Everything during that trial proved he was innocent but they didnt care…. My husband has been in there 11yrs now on a 60yr sentence for something he didn’t do… I read the transcripts everday and cry at the jury’s stupidity and that i have lost 11 yrs so far with him…. I am trying everything to get him home cause no one in their right mind believes he is guilty and i can prove it 1000%
Diane Dimond replies to Nila Fuller:
Hope you have consulted with a lawyer or the innocence project or the ACLU or some other group that might be able to help you, Ms. Fuller. I’m very sorry for your situation.
Reader Harold Krieg writes:
That happens a lot in Clark County, Nevada. The district attorneys fight hard to keep innocent, wrongfully convicted people from getting exonerated.
Reader Roger Bacon writes:
Hello Diane, I share your passion for exonerating the wrongly convicted and holding those responsible for these injustices accountable for their actions.
You defend people innocent? You make my laugh!
Do you remember to all years in which you attack on Michael Jackson? The man which was innocent and died innocent.
Don’t let him rest in peace now!
I live in Jewell New York and was railroaded in Buffalo NY by complete strangers willing to destroy my life and liberty. A hosp. hospital that completely looked the other way while the police got away with almost killing me twice in 24 hrs.Is there anybody who can help me bring my case to actual justice and not the fake stuff they offer in Buffalo NY??