Criminal defense attorneys frequently point out the reasons why defendants in every criminal case must have the right to challenge their accusers, see the evidence against them and secure the assistance of strong defense counsel. A foundational underpinning of our legal system is the bedrock principle that the criminal process should be fair and open, and that facts and due process should dictate the outcome of a court proceeding.
Whatever the charge may be against a person -- whether it relates to an alleged white collar crime, drug crime, fraud, Internet sex-crimes allegation or any other matter -- the historical development of our laws and mores demands that the outcome be fair and just.
A recent report out of California sadly reminds us that, notwithstanding the protections embedded in the criminal justice system, a proper judicial result is far from routinely achieved. Researchers at the Northern California Innocence Project state that they uncovered 130 instances of prosecutorial misconduct in state and federal trials in California during 2010. That misconduct resulted in the reversals of 18 convictions, including several for murder.
"This is a problem not just in California, but in the country," says Maurice Prossley, a Pulitzer Prize winning journalist and project researcher. The Innocence Project expects results in other states to reflect what was uncovered in California, and they are expanding their research nationwide.
Prossley takes pains to acknowledge that most prosecutors are ethical, but he says that even a minority that engage in acts that produce unethical outcomes constitutes a number that is too high.
"How many are acceptable in a system that we want to be fair and just?" he asks.
South Carolina residents charged with crimes can obtain relevant information and diligent representation from an experienced criminal defense attorney.
Related Resource: www.cnn.com ""Calif. Study: Prosecutors' misconduct reverses 18 convictions in 2010" March 30, 2011
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