"Supreme Court Justice Felix Frankfurter
once wrote that “all systems of law . . . are administered through men and
therefore may occasionally disclose the frailties of men.” Those frailties
surface in the administration of the criminal justice system. Police detectives
afflicted with tunnel vision arrest the wrong people; prosecutors pursue
criminal charges against innocent suspects based on mistaken eyewitness
identifications; judges make poor judgment calls and admit unreliable evidence;
and defense lawyers fail to advocate for their clients with the requisite zeal.
These errors are usually good-faith
mistakes—gaffes attributable to some combination of excessive workloads,
incompetence, inadequate training, limited resources, and cognitive biases.
Good people make bad decisions. When that happens, we can focus on
concrete reforms to allow those actors to maximize their performance.
But sometimes the errors don’t derive
from good faith. Two examples of outright corruption in the criminal justice
system appear in cases on this week’s appellate docket for the Supreme Judicial
Court of Massachusetts, the highest court in the Commonwealth. On Tuesday, the SJC will hear arguments
in Commonwealth v. Ruffin, which is yet another chapter in the volume of
litigation related to Annie Dookhan’s misdeeds.........Later this week, on Thursday, the SJC
will take up the high-profile case of Commonwealth v. Ellis. Read on - at the link below - for Medwin's discussion of the two cases.........While the Ruffin and Ellis cases are
very different, a common thread binds them: Should convicted defendants whose
cases were tainted, even if indirectly, by the blatant misconduct of government
actors receive new trials? I believe the answer is yes. Even
if Ruffin pled guilty before the drug certificates were issued, even if some of
the evidence about the BPD detectives’ corruption was known to the defense at
previous stages of the Ellis case, a cloud of corruption hangs over both
matters. The best way to clear the skies is to allow for new trials.
The Ruffin and Ellis cases do not just disclose the frailties of humans;
they show the collateral damage wrought by intentional misconduct in our
criminal justice system. It is up to the courts to let the sun shine
through and permit new trials, regardless of their eventual outcomes."
http://news.wgbh.org/2016/05/02/local-news/beyond-annie-dookhan-and-sean-ellis-corruption-and-criminal-justice
http://news.wgbh.org/2016/05/02/local-news/beyond-annie-dookhan-and-sean-ellis-corruption-and-criminal-justice