A question that I get a lot in my work and research is “why is it so hard to hold prosecutors accountable?”
It’s a multi-faceted question that even the Innocence Project struggles with.
It begins with the ridiculous amount of power prosecutors wield combined with their “immunity” from civil lawsuits; it’s truly an ethical disaster waiting to happen.
While honest mistakes do happen, prosecutorial misconduct is rampant.
Nina Morrison, Senior Litigator for the Innocence Project explains,
“We know that official findings of misconduct represent only a fraction of the misconduct that actually occurs,” explains Morrison. “It is very difficult to find proof of misconduct that by definition is designed to stay hidden – especially when prosecutors hold so much power to control access to what’s in their files and to witnesses. But the disparity between even the rare, official findings of misconduct and actual consequences for the prosecutors involved is enormous. Often, the bar discipline committees that are charged with investigating these cases are overwhelmed with other cases, lack expertise in criminal law or, in some cases, are biased in favor of prosecutors and give them every benefit of the doubt.”
I had once believed that prosecutorial misconduct was the exception and not the rule. Unfortunately, it’s a problem hidden in plain sight all over the United States.
Consider this example from the article:
In 2013, ProPublica reporter Joaquin Sapien issued a report that focused on New York City prosecutors. Sapien examined New York state and federal court rulings between 2001-2011 and identified 30 cases in which “judges explicitly concluded that city prosecutors had committed harmful misconduct.” In all of the cases Sapien reviewed, however, only one prosecutor was removed from office for misconduct – and even that prosecutor was not removed until he was caught committing a second ethical violation. Although many cases were similarly concerning, the prosecutors were not sanctioned.
Absolute power corrupts absolutely. It stands to reason: if you’re not required to be transparent and accountable, you can’t be trusted.
Continue the Innocence Project’s analysis here.
