PHILADELPHIA — Fair and Just Prosecution (FJP) announced that an amicus brief has been filed in Johnson v. Superintendent, Mahanoy SCI, calling on the U.S. Court of Appeals for the Third Circuit to rehear a decision that improperly restricts prosecutors’ ability to exercise their discretion and pursue justice when confronted with an unjust conviction.
According to FJP, prosecutors are not supposed to pursue convictions at all costs. Their constitutional and ethical mandate requires them to ensure fairness and protect rights when necessary. FJP said the recent Third Circuit ruling threatens that duty by insinuating that prosecutors cannot exercise discretion to waive certain defenses or withdraw support for wrongful convictions, even when those convictions are unjust.
“Addressing convictions that are tainted by constitutional violations should not be optional, it is at the core of prosecutorial responsibility,” said FJP Executive Director Aramis Ayala. She reiterated the importance of allowing prosecutors to fulfill their duties, saying that failing to do so perpetuates injustice, is “an attack on prosecutorial discretion, and undermines the public’s trust in the legitimacy of the legal system.” FJP added that this decision will determine whether innocent people remain behind bars.
FJP noted that prosecutors across the country have used their discretion to revisit old cases, often through conviction integrity units (CIUs), which operate on the principle that justice requires them to correct wrongful convictions.
The group warned that the Third Circuit decision could prevent prosecutors in Pennsylvania and beyond from exercising their role properly and fighting for justice.
FJP also argued that constitutional law supports prosecutors’ right to discretion in admitting error. The group emphasized that the Supreme Court has consistently allowed prosecutors to correct injustices rather than defend them when a conviction rests on a violation of constitutional rights. Prosecutors’ key responsibility, the group said, is to seek justice, “not merely secure and defend convictions at all costs.”
FJP underscored the broader consequences of limiting prosecutorial authority, including forcing prosecutors to defend wrongful convictions against their own judgment. The group warned that such limits could prevent courts from hearing critical constitutional claims, trapping innocent people in prison and concealing systemic problems in the justice system.
FJP consistently warns that these consequences will harm those directly affected, while also crushing public confidence in law enforcement and the courts. As noted in the brief, public trust in the criminal legal system “depends in large measure on the public’s willingness to respect and follow its decisions.”
The case at the center of the controversy, Johnson v. Superintendent, Mahanoy SCI, involves the Philadelphia District Attorney’s Office, which chose not to defend an old conviction because of concerns about constitutional errors. An appellate panel rejected that decision and ruled that a prosecutor does not have the authority to concede error in such circumstances. FJP emphasized that this ruling misinterprets the prosecutor’s role and could be harmful to jurisdictions across the Third Circuit.
The group warned that the decision risks undermining the progress prosecutors have made over the past decade in building accountability into their offices and helping to exonerate hundreds of wrongfully convicted individuals.
FJP urged the full Third Circuit to rehear the case and reaffirm the principle that prosecutors are required to correct wrongful convictions. The group stressed that prosecutorial discretion exists to prevent constitutional violations from going unaddressed and to ensure justice.
Ultimately, FJP’s brief calls for prosecutors to be able to step up and admit error to prevent wrongful convictions from standing. The group reiterated that truth and fairness are essential steps in the legal process.
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