Is System Tilted In Favor of Prosecutors?

[Geee]

Human Events:

SACRAMENTO — One of California’s most prominent federal judges, Alex Kozinski of the Ninth Circuit court of appeals, has sparked a nationwide debate about the state of the nation’s criminal-justice system with a recent 42-page jeremiad in the Georgetown Law Review. The article depicts a system that tilts heavily in favor of district attorneys, incarcerates thousands of innocent people and fails to hold accountable prosecutors who abuse their power.

 

The judge’s piece challenges many of our fundamental assumptions about the justice system. It is a compelling and important read — especially as the California Legislature wrestles with issues of prison overcrowding, police reform, changes to civil-asset forfeiture laws, police body camera bills and the like.

 

“Police investigators have vast discretion about what leads to pursue, which witnesses to interview, what forensic tests to conduct and countless other aspects of the investigation,” Kozinski wrote. “Police also have a unique opportunity to manufacture or destroy evidence, influence witnesses, extract confessions and otherwise direct the investigation so as to stack the deck against people they believe should be convicted.” Wow.

A recent admission by an elite FBI forensic unit “gave flawed testimony in almost all (of the 268) trials” it testified in over two decades, according to an article he quoted. “How can you trust the professionalism and objectivity of police anywhere after an admission like that?” Kozinski asked.