Signed, Justice Wants
Wrongful Conviction Day
October 2nd marks the seventh annual International Wrongful Conviction Day, a day to raise awareness of the causes of wrongful convictions and to recognize and acknowledge the tremendous personal, social, economic, and emotional costs of wrongful convictions for innocent people and their families around the world. This day serves as a powerful reminder that justice is not always served, and that our work to prevent wrongful convictions is far from over.
Please join Wrongful Convictions News™ in our Wrongful Conviction Day campaign to "Eliminate Qualified Immunity--Because NO ONE should be above the law" and to demand meaningful reforms that will help prevent wrongful convictions and hold those responsible accountable.
This petition lays out 7 advancements toward justice that need immediate attention if we are to restore faith in our criminal justice system and ensure that it truly serves the people.
Elimination of qualified immunity for all government players. First and foremost, prosecutors, judges, and law enforcement, but also all those under the qualified immunity umbrella. This group includes mayors, governors, medical board inspectors, prison guards, school administrators, and everyone who is in the business of enforcing laws and government regulations, including private individuals who act jointly with government officials. No one should be shielded from accountability for their actions, regardless of their position or title.
Employment and discipline record transparency of all government players. The public has a right to know about the track records of those in power, and transparency is key to building trust and preventing abuses of authority.
Accountability for misconduct at all levels; including but not limited to employment sanctions, monetary penalties, and/or criminal charges. When those in power break the law or violate the rights of others, they must face consequences, just like anyone else.
An updated Miranda warning to include that law enforcement is permitted, even encouraged at times, to deceive suspects and/or witnesses in order to solicit a desired response. People must be fully informed of their rights and the tactics that may be used against them in order to make informed decisions.
Require prosecutors to carry malpractice insurance to cover prosecutorial misconduct so the state, i.e., taxpayers, doesn't have to foot the bill for the prosecutor's misdeeds. Prosecutors, like all attorneys, should be held to high standards of conduct and be prepared to face the financial consequences of their mistakes.
All police officers must wear audio/video body cameras, which cannot be disabled. These devices will be live-streamed and automatically recorded to an external site over which no one in the law enforcement entity has any control or access to keep them from being lost, damaged, or edit. Technology can be a powerful tool for transparency and accountability, but only if it is used responsibly and with appropriate safeguards.
All law agencies must record interrogations, interviews, questionings, examinations, probing, disclosures, and/or confessions, with both audio/video, and said recordings will automatically be uploaded to an external site over which no one in the law enforcement entity has any control or access, to keep the footage from being lost, damaged, or edited. Recording interactions between law enforcement and the public can help prevent misconduct, resolve disputes, and ensure that justice is served.
So why would they create such a thing?
The United States has long grappled with a systemic problem of police brutality, rooted in a culture of racism and bias. While racism is a driving factor in many instances of police violence, research suggests that addressing this underlying issue would significantly reduce, though not eliminate, the frequency of excessive force incidents. Yet, even in the most egregious cases of police misconduct, officers are rarely held accountable. A major obstacle to accountability is the doctrine of qualified immunity, established by the Supreme Court in 1967.
This legal doctrine was originally intended to protect government officials from frivolous lawsuits when they acted in good faith in legally unclear circumstances. However, over time, the courts have expanded and distorted qualified immunity, using it to shield officers from accountability even in cases involving extreme and unjustified use of force. As a result, this doctrine has come under widespread criticism for enabling police impunity and denying victims their constitutional rights.
The application of qualified immunity has grown particularly expansive since 2005, during the tenure of Chief Justice John Roberts. Yet, even in our politically polarized era, the doctrine has drawn criticism from across the ideological spectrum. Both Justice Clarence Thomas, a conservative, and Justice Sonia Sotomayor, a liberal, have challenged qualified immunity, with Sotomayor arguing that it essentially gives officers a license to "shoot first and think later," undermining the public's trust in the justice system.
Despite the urgent need for reform, as of 2020, the Supreme Court has refused to hear cases challenging the doctrine of qualified immunity. It is now incumbent upon us, the people, to demand that our elected representatives take action to create a more just and accountable system of law enforcement. We cannot wait for the Court to address this problem it has helped create. Through grassroots pressure and legislative action, we must work to eliminate qualified immunity and ensure that those sworn to uphold the law are themselves held to account for any abuses of power.
Causes of Wrongful Convictions
- Eyewitness Misidentification
- Jailhouse Snitches
- Invalided Forensics
- Inept Defense
- Prosecutorial Misconduct
- False Accusations
- Coerced Confessions
- Crimes that Never Occurred
- Coerced Corroboration
- Jury Misconduct
Plus: Bail Reform and Plea Bargains
"It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong." -Thomas Sowell
BREAKING NEWS: A new report (September 1, 2020) from the National Registry of Exonerations finds alarming levels of police and prosecutor misconduct in convictions of innocent people in the United States. Read the report: https://www.law.umich.edu/special/exoneration/Documents/Government_Misconduct_and_Convicting_the_Innocent.pdf
To learn more about Wrongful Conviction Day, go to https://wrongfulconvictionday.org/
To learn more about wrongful convictions, go to https://www.innocenceproject.org/
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