Some of the best legal minds in the country
have been developing reform proposals to help plug the holes in
the system. Among the suggested changes in procedure to prevent
wrongful convictions:
Modify eyewitness identification process.
Using sequential photo identifications where a witness looks at
one photo at a time instead of groups of photos or the standard
police line-up where the implicit request is that the witness must
surely pick someone from the group as the alleged perpetrator.
Videotape interrogations and confessions.
Providing an objective witness (the camera) to definitively
record the suspect's precise answers and to discourage coercive
interrogations on the part of law-enforcement officials.
Establish minimum standards for defense
attorneys. Leveling the playing field between prosecutors and
court-appointed attorneys by creating a more pervasive public-defender
system that is regularly audited and held accountable.
Ban testimony of informants rewarded by
favorable treatment. Eliminating the "jailhouse snitch"
from the equation would have prevented a number of cases that have
been recently overturned.
Lower barriers to DNA testing. Providing
a means for indigent defendants and those already convicted to obtain
tests without extra litigation or prohibitive expense.
Eliminate "junk science."
Suspending the use of microscopic hair analysis, handwriting analysis,
fiber analysis--techniques that DNA testing has proven to be highly
flawed. Also improving lab standards and the training of the forensic
analysts who work in them.
Establish innocence commissions to review
cases. Developing systematized procedures for review of what
went wrong and to propose reforms. Only Illinois has adopted this
notion; it is standard practice in Canada and the U.K.
Even if all the reforms listed above were
implemented, some critics suggest that the system still leaves too
high a probability of human error, incompetence, or unfairness.
For these reform advocates, nothing short of a total elimination
of the death penalty will create a system that can offer something
that approaches true justice and avoids the execution of the innocent.
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