By Rena Abdusalam
OAKLAND, CA – Rob Bonta, California Attorney General, announced late last week a newly-formed Post-Conviction Justice Unit (PCJU) within the California Department of Justice (DOJ).
In partnership with local district attorneys, Bonta said the unit will work with broad discretion to perform investigations and reviews that aim for settling wrongful and unjust criminal convictions.
Bonta added that, once fully staffed, the unit is set to identify cases that may be fitting for possible resentencing and matters where evidence may have significant integrity concerns, and will provide leadership in order to aid the best practices across California.
“Building on DOJ’s commitment to transparency and accountability, PCJU will work to support integrity in the criminal legal system and seek to remedy cases where there have been miscarriages of justice,” said Bonta in a press statement.
“All across California, prosecutors and law enforcement stand united in the pursuit of truth and justice. We fight each and every day to protect our communities and hold those who break the law accountable. Yet, despite our best efforts, we know our criminal legal system is not infallible,” admitted the attorney general.
Bonta added, “Whether it’s as a result of bias, changes in forensics, or any other issue, our system is not foolproof and we must make every effort to ensure the integrity of prosecutions in our state.”
“I’m proud to launch the first-ever Post-Conviction Justice Unit within the California Department of Justice. While this is only a beginning, it represents a critical step forward for further fostering a culture of integrity and transparency that supports trust in the law,” the AG said.
The DOJ statement noted, “There is a growing effort among prosecutorial offices in California and across the country to establish and operate specialized units, often known as conviction integrity units, to seek justice, reduce harm, and increase trust in the criminal legal system through post-conviction investigations and reviews of individual criminal cases.
“These units typically work to identify and address wrongful convictions — often by reviewing new credible information that may exonerate someone previously convicted of a crime — or take other actions within the bounds of the law to remedy potential injustices.
“While the court system provides important avenues through the appellate process to address claims of injustice, conviction integrity units provide prosecutors an additional opportunity to proactively address such issues and, ultimately, ensure greater accuracy and legitimacy for prosecutorial conduct.
“Taking steps to support prosecutorial integrity is a critical part of pursuing justice and reflects the recognition that new evidence may arise, past mistakes can be uncovered, and sentencing standards may change. Whether issues arise as a result of new exculpatory information or advancements in forensic science, it is incumbent on prosecutors to make good faith efforts to correct injustice.”
PCJU will initially be staffed by two Deputy Attorneys General of the Criminal Law Division, who will enlarge existing resources within DOJ, said the AG, noting they will build on work already advancing at DOJ.
The deputies, the DOJ explains, will assist efforts to start PCJU and also: review and evaluate DOJ cases where DOJ is the prosecuting agency or where DOJ is administering a case on appeal; review innocence or wrongful convictions claims; evaluate cases where there may be a integrity matter, or where local jurisdiction do not employ an integrity unit or need assistance; review cases for potential resentencing; and provide leadership and coordination among local conviction integrity units in order to boost good practice and promote public trust.
“Taking steps to support prosecutorial integrity is a critical part of pursuing justice and reflects the recognition that new evidence may arise, past mistakes can be uncovered, and sentencing standards may change,” the DOJ statement said.
