A System Flawed

A System Flawed

Innocent until proven guilty is supposed to be one of the fundamental principles guiding our justice system today. It is our right as citizens of this country to have fair representation that will exhaust all the possibilities to our presumed innocence. We count on this system everyday to not only put away those who have strayed from the laws of our society but to also vindicate those who have been wrongly accused. With the possibility of severe consequences such as life in prison, or at worse case scenario the death penalty, there should be no room for error. However, with overzealous prosecutors and inept defense attorneys polluting our justice system it would seem that our current principles of the legal profession have turned into idealistic rhetoric.

It was very disconcerting to hear the San Jose Mercury News reveal that prosecutorial misconduct was running rampant in the Santa Clara DA’s office. 727 cases were reviewed over a 3 year study, with findings that suggest over a third of the cases were handled inappropriately. Withholding vital evidence, misleading juries, and violating judges orders all appeared to be acts of normalcy for some Assistant District Attorneys. To no surprise Santa Clara County DA’s office has among the highest conviction rates in the state, in fact 85% of felony cases tried have ended up as convictions.

From the very beginning George Kennedy, District Attorney for Santa Clara County, established an aggressive approach for his Assistant DA’s when prosecuting cases. Compromise and settling criminal cases in particular were to be avoided, and although the idea was not to convict the innocent, plenty of prosecutors displayed acts indicative of the contrary. Just ask Rick Walker, who was tried by John Schon, Assistant DA. Schon withheld vital evidence in this particular case and subsequently Walker was wrongly convicted of murder and served 12 years behind bars before he was set free. Or how about Damon Auguste, who was prosecuted by Benjamin Field, another Assistant DA who has been accused of misconduct. Field purposely misstated evidence to the jury residing over Auguste’s case, and like Walker was wrongly convicted of a crime he didn’t commit, serving 7 years behind bars. Both Walker and Auguste are just a few examples of how over ambitious prosecutors can easily take advantage of the innocent in order to further their careers. What these two men lost over the years spent behind bars can never be replaced.

Prosecutorial misconduct can stem from prosecutors wanting to achieve fame, fortune, and more importantly power. Let’s face it, the more convictions under your belt, the better chance you have to move up in the ranks and possibly gain a highly respected elected position. Unfortunately cases of misconduct happen all around the country. Some estimate that as many as 10% of those convicted are innocent. Although I believe our country has one of the best systems of justice, being tried by a jury of our peers, it still remains to be flawed, and the ramifications of a flawed system can be lethal. If occurrence like these teach us anything at all it would be not to assume we are innocent until proven guilty. It is important to know the legal system and why it falters, because what you may not know may change your life forever.