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Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that could be devoted to victim services. The authors argue for a broader recognition of the strong interest prosecutors and crime victims have in avoiding wrongful convictions and a more robust role for both stakeholders in the discussion.
Introduction
At the symposium held to celebrate the work of Rob Warden,1 there was a singular and moving moment in which Warden was thanked by those exonerated through his work with students. They stood as living witnesses not only to a problem, but to a solution-and to the power of one man's vision.
The dialogue about wrongful convictions naturally focuses on men and women like those who stood up that day as our hearts caught in our throats: those who are consigned to years in prison or even to a solemn promise of death despite the grievous errors that led to their convictions and sentences. Too often, though, our examination of the harm done by wrongful convictions starts and ends with the wrongfully convicted themselves. In the end, wrongful convictions matter, too, though, both to prosecutors and to crime victims-or at least they should. By ignoring these constituencies, advocates against wrongful convictions bypass groups that could be powerful allies for change. Just as importantly, by ignoring these interests to favor a simpler narrative, prosecutors and victims may both undermine the credibility of the criminal law process and miss out on a wholeness of heart that comes only with recognition of fuller and more complex realities.
In this article, we explore the complex interactions that prosecutors and victims have with wrongful convictions and ask that they be included in this important discussion.
For prosecutors, the motive to avoid...