by David Chapman
Staff Writer
The processes and policies that go into convictions aren’t immune from mistakes, but the results, right or wrong, can be life-changing.
As part of its annual “Alumni Day” events, Florida Coastal School of Law hosted a panel discussion Friday about the topic of wrongful convictions, with panelists delving into reasons why such errors happen and offering suggestions to right the potential wrongs.
Moderated by Public Defender Matt Shirk, the four-person panel featured Hank Coxe of the Bedell Firm; Nancy Daniels, Second Judicial Circuit public defender; Joanmarie Davoli, FCSL professor; and Quentin Till, Fourth Judicial Circuit assistant public defender.
Coxe is a former president of The Jacksonville Bar Association and The Florida Bar.
All four have had years of experience in the courtroom and on cases of wrongful convictions. Both Coxe and Daniels are on the recently formed Innocence Commission, a 26-member panel created by the Florida Supreme Court that will look at the polices and procedures of wrongful convictions and make recommendations about how to correct them.
There are numerous flaws in such wrongful convictions but one, several panelists pointed out, is prominent.
“Misidentification makes up 70-80 percent of the errors,” said Daniels. “The more certain they (eyewitnesses) are, the less likely it is they are right.”
Daniels said studies have shown that to be true, but that the law still tends to rely on eyewitness accounts.
The strongest cases of identification are those where the witness and accused know each other, said Davoli, whether it’s a family member, a neighbor or the like, and there’s some form of prior relationship.
In cases of strangers, said Davoli, other factors such as vocabulary and mannerisms need more weight.
“People do look a lot alike,” said Davoli, “and looks account for a strong indicator of identification.”
Presenting such facts to the jury through expert testimony is difficult, said Till, as the defense often “can’t get them in the door.”
Even if such experts aren’t generally allowed in the courtroom, defense attorneys should still push the issue because it can always be challenged in the system, said Davoli.
Coxe agreed and said even if the attempt is struck down, it will catch the eye of the appellate court.
Confessions and the manner in which they are gathered were also discussed. Coxe argued for recording suspects both before and after such confessions, which he said is universally opposed. Davoli said pressured and coerced confessions still happen today,
Even so, Coxe said police misconduct is just a small part of the problem, along with laboratory mishaps and misidentification.
“It’s the system,” he said. “Humans are fallible.”
Evidence and DNA storage have also cropped up as a problem, said Daniels, with law enforcement being unable or unwilling to keep all the needed evidence handy for rapid DNA testing. Instead, she said, there is a movement to shift the burden to the defendant.
“That really worries me,” she said.
In addition, long-term or death row inmates often don’t have the needed representation following the initial trial and appeals to properly continue their efforts, said Daniels.
Several of the panelists concluded by advocating for attorneys to look into assisting on misdemeanor cases pro bono through programs such as one set up by the Public Defender’s Office. Such efforts reduce excessive caseloads, said Shirk, and are extremely valuable.
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