The Innocence Project: Judges fail to report prosecutors’ misconduct

A report from the Innocence Project has shown that prosecutors are almost never held accountable for misconduct including withholding evidence. The Project examined records in California, Arizona, Texas, New York and Pennsylvania and in the case of New York found that appellate judges and others in authority almost never reported instances of misconduct to state panels and bar associations responsible for investigating the misconduct. (ProPublica, March 29, 2016, by Joaquin Sapien)

The investigation revealed a “culture of underreporting” in most jurisdictions in that “the criminal justice system’s culture is not conducive to reporting misconduct and error.” Those in position to report misconduct fear retaliation or being seen as whistleblowers with the result that they could not work harmoniously in the criminal justice system. (The Innocence Project, March 2016)