NCJ Number
208410
Journal
Judicature Volume: 88 Issue: 3 Dated: November-December 2004 Pages: 126-131
Date Published
November 2004
Length
6 pages
Annotation
Established to review and investigate wrongful convictions and improve the State’s criminal justice process, this article describes the Innocence Commission for Virginia (ICVA).
Abstract
The concern for wrongful convictions in the United States has led to the push by legal organizations and others for the creation of innocence commissions or boards of inquiry similar to those established in Canada and the United Kingdom. It is noted that today less than 12 States have instituted commissions or commissioned studies with only Illinois, North Carolina, and Virginia commissions having completed reports on the sources of erroneous convictions. This article focuses on the Innocence Commission for Virginia (ICVA). The ICVA is currently completing a report which identifies common problems behind the mistaken convictions and recommends best practices and new initiatives to address the problems. The article describes the structure and operation of the ICVA. Eight factors are identified as commonly linked to the erroneous convictions and include: (1) mistaken eyewitness identification; (2) questionable forensic testing methods of biological evidence; (3) inadequate assistance of defense counsel; (4) failure to disclose exculpatory reports or other evidence to the defense; (5) failure of interrogation techniques; (6) inconsistent statements by innocent defendants; (7) “tunnel vision” by officers; and (8) the unavailability of post-conviction remedies. To address these identified problems, recommendations are presented to improve Virginia’s system of criminal justice focusing on best practices and new legislation. Today there is a growing body of evidence on the causes of erroneous convictions and a commonality of findings that calls for a unified response in those States currently reviewing erroneous convictions.