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Disciplining or firing miscreants may be necessary, but it's not enough: It doesn't address the root causes of fearful culture and bad incentives..

A New York police detective has been arrested on federal perjury charges after prosecutors concluded that he had fabricated evidence in a carjacking case. Though it’s common for court cases to end with defendants or their lawyers claiming bad behavior by prosecutors, actual legal findings of prosecutorial misconduct – decisions reached by a judge and entered into the record – are rare.

And the embattled Orange County District Attorney’s Office has the state’s worst record based on population. Robert Jones of New Orleans, LA was sent to Angola for an April 1992 French Quarter crime spree that included robbery, kidnapping, rape and murder even though evidence pointed to a man named Lester Jones - no relation to Robert - as the single culprit. One piece of evidence was electrophoresis which found that Harris matched some of the proteins found in the biological evidence at the scene.

The other three convictions flowed from the first one.

Sending Innocent People to Death Row Criminal defense attorneys who were never prosecutors themselves often assume that prosecutorial misconduct is rife because prosecution attracts authoritarian personality types.

Although it is surely true that some are natural bad actors, experience demonstrates that prosecutors are strongly influenced to disregard and minimize rights by the culture that surrounds them.

The photo lineups used by Detective Michael Foder, from which he claimed the victim identified the carjackers, consisted of mug shots that had not yet been taken when Foder said the victim picked them. It is rarer still for justices – usually in the state Supreme Court or appellate court – to reverse convictions because of misconduct. Michael Darnell Harris, now 53, has been behind bars for 33 years on four murder convictions in Detroit, Michigan.

But a new study by Harvard Law School’s Fair Punishment Project shows Southern California ranks high in reversals in which misconduct by a prosecutor played a factor. Leon Cannizzaro refuses to acknowledge either his innocence or the gross misconduct of the police and prosecutors who put him in prison. Harris was convicted of the 1981 murder of 77-year-old Ula Curdy in 1983.

: Criminal snitching is an enormous problem for our justice system, in part because it’s an enormous source of error.

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