The Northern California Innocence Project at Santa Clara University School of Law has released an enlightening new study. In this study, it was found that California prosecutors committed 130 instances of misconduct in 2010. Some of these instances were so flagrant that 18 convictions were reversed, including 8 murder convictions. Calif. study: Prosecutors’ misconduct reverses 18 convictions in 2010 – CNN.com
Researchers found a total of 102 cases where 130 instances prosecutorial misconduct had occurred in both California state and federal courts. 26 of these cases resulted in setting aside a conviction, barring evidence or a mistrial. 76 other convictions were upheld because the misconduct did not affect the trial’s fairness.
The goal of this study was to highlight the need for scrutiny of prosecutors’ performance. Researchers are hoping to expand their initiative nationwide.
Maurice Possley, a visiting research fellow with the project states, “This problem is not just in California but in the country. As we’ve seen with the implosion in states and federal courts ranging from the collapses of the case with (the late U.S. Sen.) Ted Stevens in Alaska and other cases where prosecutors cross the line and their conduct causes cases to be set aside or cases being retired or dropped, prosecutorial misconduct is a factor in a number of wrongful convictions in this country.”
Most prosecutorial conduct occurs during court trials. What makes this information even more significant is that in California, only 3% of felony cases go to trial, and the rest are dealt with by plea agreements. This makes the instances of misconduct even more significant.
Prosecutors contend that “most of the misconduct is not that bad, and that is a small number of cases when you consider the vast amount of cases that are brought.”
Jim Towery, chief trial counsel of the State Bar of California declined to say how many cases he is looking at as a result of the study, but confirmed that there are investigations taking place.