Entry: NC's new "Innocence Commission" Friday, August 04, 2006



Yesterday, NC Governor Mike Easley signed a law that created a "Innocence Commission", the first of its kind in the nation.

What is it exactly?  From the AP:

The North Carolina Innocence Inquiry Commission will review innocence claims from people who can present new evidence that hasn't been considered in court.

The eight-member commission will begin accepting claims in November. If five or more commission members agree there is enough evidence of potential innocence, the case would be sent to a panel of three Superior Court judges. Overturning a conviction would require a unanimous decision by the three judges.

Easley, a former prosecutor and attorney general, said North Carolina residents should be proud of the commission.

"Its creation gives our criminal justice system yet another safeguard by helping ensure that the people in our prisons in fact, belong there," Easley said in a statement after signing the bill without a public ceremony.

I like it, and I expect the rest of the states to take NC's lead.  This is probably one of the better decisions the state legislature has made all year.  Although I haven't heard much from anyone opposing this commission, I dont see a negative here. 

The only counterargument was made by NC's Conference of District Attorneys, and that was only to a provision that would allow criminals that pled guilty to a crime to be able to bring their case to the commission after two years.  Nevertheless, I believe it's fair, because some criminals do plead guilty due to the mounting evidence of the prosecution, and trying to avoid more jail time than the defendant would have otherwise gotten.

 I'd imagine this would also allow the appeals process to go though faster for those with legitimate arguments of innocence, particularly with DNA evidence and such.  This can go a long way in justice truly being served, as it helps the defendant get a hearing to truly prove he's innocent. 

It also helps to reduce the embarrassing spectacle of keeping an innocent man locked up for, say, 18 years:

Among the high-profile cases of wrongful conviction was that of Darryl Hunt, who served 18 years in prison for the 1984 murder of a Winston-Salem newspaper employee before he was exonerated in 2003 by DNA evidence. Easley later pardoned him. In 2004, Alan Gell, a onetime death row inmate, was retried and acquitted in a 1995 killing after it was revealed prosecutors withheld key evidence.

It may not completely hinder the chances of this happening again, but any safeguard that can be reasonably implemented in order to stop this from happening again is well worth it.

   1 comments

Purple Avenger
August 4, 2006   09:13 PM PDT
 
All the states should do something like this.

I would take it a step further. If someone turns out to be innocent because a prosecutor or the cops hid exculpatory evidence from the defense there should be severe penalties proscribed (like 20 years or life). "The process" depends on the cops and prosecutors following the rules.

Too often such lapses just get a slap on the wrist rather than being treated as the blatant civil rights violation that they are.

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