Official Misconduct in the Criminal Justice System

There has been a reckoning in the criminal justice system in the past few decades with the use and maturity of forensic techniques like DNA that have led to the exoneration of many people that were wrongfully imprisoned. The central issue often uncovered with these exonerations is the level of official misconduct by both prosecutors and police. Much of the misconduct seems to be the result of racial biases on the part of officials before and during trials of the accused.

According to a recent NY Times Article entitled “Police or Prosecutor Misconduct Is at Root of Half of Exoneration Cases, Study Finds” and the National Registry of Exonerations, official misconduct contributed to false convictions in 54 percent of exonerations. Nearly all of the official misconduct identified falls into five general categories: witness tampering, misconduct in interrogations, fabricating evidence, concealing exculpatory evidence and misconduct at trial.

Whatever the misconduct is and for whatever reason it is perpetrated by officials in the criminal justice system, it is a widely held opinion that many of the wrongfully accused and wrongfully convicted are never exonerated and the numbers are likely far higher than the study suggests. That sad fact steals years and sometimes decades from those convicted that did not and could not get their fair day in court.

If you have been accused of a crime, an experienced and knowledgeable attorney should never accept any allegation as accurate and unassailable. A qualified attorney will craft your best defense under the law while at the same time conducting a full investigation of the facts and the science while also reviewing of all the discovery material now due in New York under this year’s reforms of the criminal procedure law (CPL). Unfortunately, if you or someone you love has already been wrongfully convicted and if you suspect any kind of official misconduct, you will need an experienced criminal attorney that is well versed in the criminal appeals process. In a review of your case, there may be grounds for a new trial or even having your conviction overturned and your freedom returned.

The good thing is that Michael D. Horn, Esq has over 30 years of experience in almost all criminal cases and the appeals process. He is a vigorous defender of all of his clients and he never quits when the going gets tough. If you have been accused of a crime then you can get a free consultation with Mr. Horn by calling 718-777-7717. Don’t take your freedom for granted! Call Michael D. Horn , Esquire today.

Written on Behalf of Michael D. Horn, Esq