Manifesting Justice

1. Manifest injustice: A powerful tool for challenging wrongful convictions

Manifest injustice is a legal mechanism to challenge and reverse convictions. It recognizes that convictions tied to racism, police and prosecutor misconduct, over-sentencing, and false evidence are wrongful.

Expanding innocence work. Manifest injustice provides a broader framework for challenging convictions beyond just factual innocence. It allows courts to consider:

• Racism and bias in the legal process
• Police and prosecutor misconduct
• Excessive sentencing
• Use of false or unreliable evidence

This approach recognizes that injustice can occur even when a person may not be completely innocent of any wrongdoing. It shifts the focus from narrow definitions of innocence to a more holistic view of fairness and justice in the legal system.

Practical applications. Manifest injustice can be used to:

• Reverse convictions based on faulty evidence or misconduct
• Challenge excessive sentences
• Address systemic issues of racism and bias
• Provide relief in cases where new evidence casts doubt on guilt, even if it doesn't definitively prove innocence

2. The War on Drugs and its impact on innocent people

Our full stories reveal our motivations, our imperfections, and our humanity. My clients were not perfect, and like so many incarcerated people, they were survivors of crime and violence.

Unintended consequences. The War on Drugs has led to:

• Mass incarceration, disproportionately affecting communities of color
• Criminalization of addiction and mental health issues
• Wrongful convictions based on unreliable evidence or misconduct

The focus on punitive measures rather than treatment and rehabilitation has created a cycle of incarceration that often ensnares innocent people or those struggling with addiction.

Reforms and alternatives. Emerging approaches to drug policy include:

• Treating addiction as a public health issue rather than a criminal one
• Expanding access to medication-assisted treatment for opioid addiction
• Implementing Good Samaritan laws to protect those reporting overdoses
• Decriminalizing possession of small amounts of drugs
• Focusing prosecution efforts on high-level drug trafficking rather than users

3. Reforming habeas corpus laws to expand access to justice

Habeas corpus exists as a remedy for unjust convictions and sentencing.

Barriers to justice. Current habeas corpus laws, particularly the Anti-Terrorism and Effective Death Penalty Act (AEDPA), create significant obstacles for those seeking to challenge their convictions:

• One-year filing deadline for federal habeas petitions
• Requirement to exhaust state court remedies before seeking federal review
• High deference to state court decisions, even if they may be wrong
• Restrictions on filing multiple petitions

Proposed reforms. To improve access to justice, reforms could include:

• Eliminating or extending the one-year filing deadline
• Allowing federal courts to review state decisions de novo (fresh review)
• Implementing a "confluence of factors" review to consider all evidence holistically
• Expanding the use of the "manifest injustice" standard to overturn unjust convictions

These changes would give wrongfully convicted individuals a better chance at having their cases fairly reviewed and potentially overturned.

4. Addressing racial and gender bias in the criminal justice system

We are socialized and taught not to see what we see. We ignore any reality that disrupts the standard policy.

Systemic biases. Racial and gender bias permeate the criminal justice system, leading to:

• Disproportionate arrests and convictions of people of color
• Harsher sentences for minorities and women
• Overlooking of exculpatory evidence due to stereotypes and prejudice
• Criminalization of LGBTQ+ individuals

Strategies for change. Addressing these biases requires multi-faceted approaches:

• Implementing implicit bias training for police, prosecutors, and judges
• Passing laws like the California Racial Justice Act to allow challenges to racially biased convictions
• Recognizing and addressing intersectionality in wrongful convictions
• Reforming policies that disproportionately impact marginalized communities
• Increasing diversity in law enforcement and the judiciary

5. Exposing flawed forensic evidence and junk science

Dr. West no longer believes in bite mark analysis. I don't think it should be used in court. I think you should use DNA, throw bite marks out.

Unreliable forensics. Many wrongful convictions are based on flawed or exaggerated forensic evidence, including:

• Bite mark analysis
• Hair comparison
• Arson investigation techniques
• Shaken Baby Syndrome diagnoses

These methods often lack scientific validity but are presented as definitive proof in court.

Improving forensic science. Steps to address this issue include:

• Funding pre-trial forensic experts for defendants
• Implementing "junk science writs" to challenge convictions based on debunked forensic techniques
• Conducting statewide reviews of convictions based on discredited forensic methods
• Improving standards and oversight for forensic laboratories
• Educating judges and juries about the limitations of forensic evidence

6. Wrongful convictions of women and LGBTQ+ individuals

We view strangers with suspicion because we cannot predict what they will do. But when we hear their stories, we unearth what is hidden.

Unique challenges. Women and LGBTQ+ individuals face specific issues in the criminal justice system:

• Criminalization of self-defense against abusers
• Prosecution for drug use during pregnancy
• Bias against LGBTQ+ defendants based on stereotypes and prejudice
• Overcharging of sex workers and trafficking victims

Addressing these issues. Strategies to combat these wrongful convictions include:

• Expanding Safe Harbor laws for trafficking victims
• Recognizing the impact of domestic violence on women's actions
• Challenging the use of LGBTQ+ status as evidence of criminal propensity
• Implementing gender-responsive and LGBTQ-inclusive policies in the justice system
• Training law enforcement and legal professionals on LGBTQ+ issues

7. Prosecutorial misconduct and the need for accountability

Noble cause corruption leads to wrongful convictions. Noble cause corruption can drive prosecutors to bend the rules in their favor.

Forms of misconduct. Prosecutorial misconduct can take many forms:

• Withholding exculpatory evidence
• Presenting false or misleading testimony
• Using inflammatory arguments to appeal to jurors' biases
• Overcharging to coerce plea deals

This misconduct often goes unchecked due to prosecutorial immunity and a lack of oversight.

Promoting accountability. Potential solutions include:

• Implementing open-file discovery policies to ensure all evidence is shared
• Creating conviction integrity units within prosecutors' offices
• Strengthening disciplinary measures for prosecutorial misconduct
• Reforming absolute immunity doctrines for prosecutors
• Encouraging a culture of seeking justice rather than just convictions

8. Alternative paths to justice: Restorative justice and community-based solutions

Restorative justice asks a different set of questions than a criminal legal system. A legal system asks what law was broken, who broke the law, and what punishment is deserved. Restorative justice instead asks who was harmed, what are their needs, and whose obligation is it to meet those needs.

Beyond punishment. Restorative justice offers an alternative approach to addressing harm and promoting accountability:

• Focuses on healing and repairing harm rather than punishment
• Involves victims, offenders, and community members in the process
• Addresses root causes of crime and promotes long-term solutions

Implementing restorative practices. Examples of restorative justice in action:

• Pre-filing diversion programs for non-violent offenses
• Community conferencing for youth offenders
• Victim-offender mediation programs
• Healing circles for exonerees and crime survivors
• Incorporating restorative principles into existing court processes

These approaches can lead to better outcomes for victims, offenders, and communities while reducing reliance on incarceration.

Last updated: October 7, 2024