This weekend, I was watching a documentary entitled "After Innocence". It chronicled several men who were released from prison after DNA proved they were wrongfully convicted. It was a sad tale of the permanent scar that remained on their lives as they lost those years of their life where most people develop their identity as an adult by building a career and family.
One of the issues that were highlighted was the "oops sorry" attitude as they are sent on their way without any compensation or support. Now my personal opinion is that there is NOTHING worse than being imprisoned for something you didn't do, it's possibly a fate worse than death to be rotting in a prison shouting your innocence and being generally dismissed for 10, 15, 20 or more years. I would go mad.
Realizing how much of a nightmare this would be I cannot image WHO ARE THESE PROSECUTORS are that are FIGHTING to keep innocent men incarcerated? That may very well be the cruelest and most vicious things I've ever seen in the practice of law.
Now it was a step in the right direction that Mr. Nifong, the prosecutor in the North Carolina Lacrosse team rape case had to serve one day for his role in this false prosecutor, but I think the penalty must be more frequent and severe. The punishment needs to be preventative (read my post on preventing drinking and driving) due to the fact that we cannot give someone fifteen years of their life back after they are wrongfully imprisoned. I think that any prosecutor that engages in behavior that hinders a fair trial, such as witness tampering or intimidation, withholding evidence or presenting false or manufactured evidence should be criminally charged, and if convicted, should do HARD time mandatory sentences. Now the thought of a PROSECUTOR having to go to prison, that's scary. Being tossed in the penitentiary with the perpetrators that they have put away, should act as a very strong deterrent for any prosecutor to engage in such questionable practices.
As for anyone who will lament that "we are taking away the tools they used to get bad guys", I say that the integrity of the system is so much more important than that. It's like saying we can't win unless we play dirty and while I could state so many reason why that's ridiculous, if you don't already know that, then nothing I say would make a difference.
We are so distracted by our various wars, "war on drugs", war on terror", "war on gangs" and "war on poverty", but I'd like to see a war in injustice. If would could implement the same type of mandatory sentences on dirty prosecutors as we have on crack users, I'd call that progress.