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Cyrus Vance Jr REUTERS Brendan McDermid

Manhattan DA speech spotlights integrity of convictions

6/21/2012 COMMENTS (2)

NEW YORK, June 21 (Reuters) - Since 2010, when Manhattan District Attorney Cyrus Vance created a unit tasked with preventing wrongful convictions, his office has received 118 post-conviction claims of innocence for possible review.

And while the program has resulted in a handful of vacated convictions, it also has informed the way that his office approaches every prosecution, he said during a speech delivered at the New York City Bar Association on Wednesday night.

"The very process of examining our procedures, of trying to articulate and to synthesize our best thinking . . . has been critical to the evolution of the conscience and culture of our office," he said. "It is now part of the way in which we transmit our values to new prosecutors in our office."

In particular, Vance said, the program has reinforced his office's commitment to pursuing cases only when prosecutors are convinced beyond a reasonable doubt that the defendant is guilty.

This standard exceeds the requirements of both state and national ethics rules, which permit prosecutors to move forward with cases if probable cause exists and rely on the jury to make a final determination.

"Put simply, if we are not convinced beyond a reasonable doubt that the defendant is guilty, how do we go into court and ask a jury of twelve to find him guilty?" he said.

That approach was on display last summer, he said, when he dismissed sexual assault charges against former International Monetary Fund chief Dominique Strauss-Kahn after having doubts about the credibility of his accuser, a hotel maid at the Sofitel Hotel in Manhattan.

TWO COMPONENTS

The Conviction Integrity Unit, which is headed by Assistant District Attorney Bonnie Sard, has two major components, Vance said.

On the "front end," assistant district attorneys apply certain guidelines to ensure that innocent people are not prosecuted. Those best practices were designed in consultation with a group of outside experts, including Barry Scheck of the Innocence Project.

They include a detailed analysis of eyewitness accounts, additional training for young prosecutors and enhanced review of the disclosure of exculpatory evidence, Vance said. In addition, complex or major cases are often discussed at "round tables" of senior assistant district attorneys.

On the "back end," the unit examines claims of innocence raised for defendants that already have been convicted.

That process, Vance said, forces the office to confront questions without easy answers, such as how much evidence should be required to vacate a conviction and whether a guilty plea should preclude re-examination.

One surprising conclusion after two years is that DNA evidence has not resolved a single claim of innocence, Vance said.

Without dispositive scientific evidence, the office must consider how to weigh a jury's verdict. Vance said the unit would vacate a conviction despite a guilty verdict if prosecutors discovered new evidence or a flaw the jury could not have been aware of.

He said the unit is "strongly disinclined," however, to overrule a jury in the absence of new evidence, even if prosecutors conclude they likely would have rendered a different verdict.

"When we exercise our power, it has to be done responsibly and, I believe, with a sense of humility," he said. "And that may require us to dismiss charges, no matter the public outrage and promise to proceed."

(Reporting by Joseph Ax)

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Comments (2)

6/24/2012 8:18:13 AM by annietierney

Conviction integrity is an important concept -- so for Cyrus Vance to use this speech in such an utterly self promoting fashion is absolutely ridiculous. His use of conviction integrity to climb himself out of the hole he dug in the DKS case is another sign of pandering. The speech includes no statistics -- so what has he even achieved? Has he made himself feel better because now he can claim to be doing something about wrongful convictions? A little less talk and smarter action all around would be better than this empty suit pontificating and doing nothing.

6/23/2012 11:15:24 AM by ckrutsinger

Being a wrongly convicted felon who continues to fight to overturn his case, I am encouraged by this news. I believe in my case the prosecutor took the stance of letting the jury decide, which can result in wrongful convictions because juries can be swayed more by emotions than facts. Probable cause should not be the standard to proceed with a prosecution. Juries are very likely to assume that the prosecutor believes beyond a reasonable doubt in such cases, especially since prosecutors are measured on convictions even if they don't personally believe beyond a reasonable doubt. I am beginning to perceive a sea change on the subject of false convictions and I think it is a good thing. Wrongful convictions harm far more than the person sent to prison. Their families and friends are often deeply impacted. Children grow up without fathers or mothers. Families suffer financial impacts. And worse, the true perpetrators are still at large to do more harm. What Cyrus Vance and his team are doing is vital to the integrity of our justice system and is a major step forward toward being the kind of democracy we aspire to be in the U.S.


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