HARRISBURG, PA – This month, 41 criminal justice leaders, including current and former elected prosecutors and state attorneys general, and former U.S. attorneys and Department of Justice officials, filed an amicus brief with the Pennsylvania Supreme Court in Commonwealth v. Lavar Brown, according to Fair and Just Prosecution.
The case follows Lavar Brown, who was convicted of first-degree murder for allegedly shooting and killing Robert Crawford in 2003, and included witness testimony and a handful of forensic evidence, said FJP.
In Brown’s case, “the Philadelphia District Attorney’s Office conceded that Mr. Brown’s conviction was tainted by a significant constitutional error, and the Pennsylvania Supreme Court is considering how courts should treat those concessions of error,” notes FJP.
Fair and Just Prosecution adds, “The brief argues that prosecutors must, as ministers of justice, admit and correct past errors that result in unjust convictions, and judicial actions that limit their ability to do so erodes public trust in the legal system, undermines democracy, and is bad for public safety.
“In light of these concerns, the brief’s signers asked the Pennsylvania Supreme Court to reject efforts to limit District Attorneys’ ability to concede error. Elected prosecutors’ authority to admit and correct past errors is also crucial to the integrity of the criminal legal system and is essential for maintaining public trust and safety.”
FJP quoted District of Columbia Attorney General Brian Schwalb, who said, “Our system of justice depends on prosecutors acting with integrity,” and “When mistakes are made, especially mistakes that might have led to a wrongful conviction, prosecutors must acknowledge those mistakes. Doing so increases public trust in the system, which improves public safety overall.”
FJP adds, “The signatories also warn that restricting prosecutors’ discretion could have broader implications for the democratic process by undermining the will of voters who elected these officials to make decisions in the interest of justice and eroding public trust in the legal system.”
King County Prosecuting Attorney Leesa Manion told Fair and Just Prosecution a “prosecutors’ duty to do justice includes a responsibility to correct past mistakes,” as, “Fulfilling that obligation is the embodiment of our commitment to the fair administration of justice and is vital for enhancing trust in the legal system.”
