what happened to innocent until proven guilty?

This week Alan Crotzer stepped into the warm sunlight outside the courthouse in Tampa, Florida after serving more than 24 years in prison for crimes he didn't commit. The 45-year-old was released after DNA testing and a co-defendant's extremely late admission convinced prosecutors he was not involved in the 1981 armed robbery and rapes that led to his 130-year prison sentence. Sadly this is the one hundred seventy-third (173) time The innocence Project has successfully argued for DNA or other evidence to be admitted into a case and a conviction and prison sentence have been overturned. In Mr. Crotzer's case he was identified by a witness when, in reality it was two brothers and a third male who committed the crimes. The two brothers were also captured and convicted but did not confirm Mr. Crotzer was not involved until approached by TIP.

This highlights one of the biggest, if not the biggest failures of the modern American Justice system. Sometimes by sloppy police work, sometimes over-zealous prosecutors, sometimes by well intentioned but incorrect witnesses, and yet other times by a tangle of these and other issues an innocent person CAN BE and IS convicted of a crime they DID NOT COMMIT. While this stirs thoughts of The Fugitive series or movie it is an all too real prospect for some.

As a dedicated law enforcement officer I take pride in my cases and can proudly state that I have never arrested and/or charged an innocent person with a crime. I, and all officers, am required to meet Probable Cause to show the person arrested is the person who committed the crime. The prosecutor then reviews my arrest affidavit and case file to ensure they can prove the facts of my case "beyond a reasonable doubt". If they can't prove it in court most Assistant State Attorney's will Nolle Prosequi or Non-Pros or No FIle the case (sh** can it) and the arrestee never goes to trial. So when a prosecutor brings a case to court I feel the case has been duly and properly vetted by law enforcement and the prosecutor.

Back here in the real world however, the State Attorney's Office works hard each day, but it helps to understand that most ASA's carry a high, double digit case load EACH WEEK. So a case can all too easily fall through the proverbial cracks. A common docket for the week could be seventy to eighty cases in your average size district, considerably more in others. Add that most defendants do not or cannot afford private attorney's and the Public Defender's Office ends up with an equally high case load. Finally, we as a society have gotten away from the principal of "innocent until proven guilty". I can't get away from those who say "he got arrested, so he's gotta be guilty", or "if he didn't do it you wouldn't have arrested him". WHAT?

If I arrest someone, did they do it, YES. Can it be proven in court, that remains to be seen. But to enter into the false assumption that arrest = guilt denies the defendant the very rights you would scream for if arrested, particularly if the cops got it wrong and you really were innocent. Yet it is citizens with this attitude that sit on our jury and detemine if you will go to prison, YIKES!

What can be done to prevent innocents from being convicted? Two things. First, demand accountability from your local law enforcement agency. Make sure they operate in the open, according to law, and without violating the right of citizens. This means getting involved. If your Police have a citizens review board, sit on it. If they have any civilian oversight groups, participate. If they operate citizen academies (where you see the inner working of your police) take one. And always remain informed and alert when questionable incidents occur. Now this does not mean that every time the police use a level of force to arrest someone it is illegal or excessive. Or their focus on the low income neighborhood blighted with drug dealers is racist. But if you are unfamiliar with your police, your city (county, state), and how they handle the crime in your area, it is easier for those few bad eggs to get by and go unnoticed until an innocent person is arrested and sent to jail. Secondly, demand the justice system be improved, re-worked, supported and bolstered to better handle the flood of cases they get each and every week. This too is not easy because it again requires you to get involved. Your votes (or lack of votes) let ineffective judges remain on the bench, your taxes need to go to support the improvements needed for personnel, technology, and facilities which will allow the system to run more smoothly and efficiently. Finally, use your voice to make not only your police accountable for the crime in your area, but also your Prosecutor or State's Attorney.

My main point is that a criminal justice system left to itself will do what is required and not much more. But a criminal justice system with accountability to its citizens from the police station to the courthouse will be more responsive, more accurate, and more determined to ensure an innocent person NEVER goes to prison.

As a quick exercise to make my point:
1) Name three (3) people from the cast of Friends
2) Name three (3) Survivor cast members
3) Name four (4) characters from The Simpsons
4) Name your Police Chief or Sheriff
5) Name your Prosecutor or State's Attorney
6) Name one (1) Judge in your distirct

How'd you do?
Nuff Said.