Official Misconduct

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The issue

Official misconduct is the second-leading contributing factor to wrongful convictions — and it can occur at every stage of a case, from the initial investigation through trial.

The vast majority of police officers and prosecutors act honestly. But criminal justice is a human system, and even rare abuses of power carry enormous consequences. Common forms include:

By law enforcement

  • Suggestive identification procedures
  • Coerced confessions
  • Misleading testimony about their own observations
  • Withholding exculpatory evidence from prosecutors

By prosecutors

  • Withholding evidence favorable to the defense
  • Mishandling or destroying evidence
  • Knowingly allowing untruthful testimony
  • Relying on unqualified forensic experts

660

cases of confirmed prosecutorial misconduct over five years, found by a five-state survey by the Innocence Project and the Veritas Initiative. Only one prosecutor was disciplined.

The reform

Two complementary reforms address this gap: independent oversight and internal accountability.

01

Conviction Integrity Units (CIUs)

Divisions within a prosecutor’s office dedicated to identifying and correcting wrongful convictions. Nationally, CIUs have contributed to 857 exonerations, but only around 5% of the country’s 2,300+ prosecutor’s offices have one.

02

Independent oversight entities

Bodies empowered to investigate and discipline misconduct when it occurs, rather than leaving accountability entirely to the offending office.

In Florida

Florida currently has Conviction Review/Conviction Integrity Units in Duval and Broward Counties.