California is failing to provide a vital safeguard against wrongful convictions
- A 2023 CalMatters investigation found that nearly half of California's counties lack full-time public defense investigators, causing poor defendants to be convicted without proper case investigation.
- This situation arises because California and Arizona are the only states that do not provide funding for trial-level public defense, leaving counties to manage defense resources independently with little oversight.
- According to 2023 figures reported by state authorities, Los Angeles has one investigator available for every ten public defenders, ranking among the lowest ratios in California. Meanwhile, in Kings County—known for its high incarceration rates—defense attorneys sought court approval to hire investigators in only 7% of criminal cases between 2018 and 2022.
- Maurice Possley, senior researcher for the exoneration registry with 3,681 cases, emphasized that inadequate investigation is a key factor in wrongful convictions. He believes that having a skilled investigator is more important than having an exceptionally skilled lawyer, highlighting the critical role of thorough fact-finding in legal defense.
- This lack of defense investigation allows police and prosecutorial misconduct to go unchecked, increasing wrongful convictions and undermining the integrity of California's criminal justice system despite the state's reputation for criminal justice reform.
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California is failing to provide a vital safeguard against wrongful convictions
A CalMatters investigation has found that poor people accused of crimes, who account for at least 80% of criminal defendants, are routinely convicted in California without anyone investigating the charges against them. Close to half of California’s 58 counties do not employ any full-time public defense investigators. Among the remaining counties, defendants’ access to investigators fluctuates wildly, but it’s almost always inadequate. The cost …
·Sacramento, United States
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