Prosecutors Post-Conviction

Abstract

Abstract In recent years, the involvement of prosecutors in post-conviction proceedings has begun to change from a strictly adversarial to a more investigative and remedial posture. Particularly in the United States, prosecutors’ offices have taken the affirmative responsibility to conduct post-conviction investigations of closed cases. A growing number of exonerations occur because prosecutors themselves agree to review new evidence of innocence or locate it themselves. Prosecutors have created specialized conviction integrity units tasked with reviewing such cold cases. They have created units to conduct other types of audits and reviews to investigate systemic issues, including regarding forensic evidence and police misconduct. They have even, in some offices, conducted investigations of their own conduct. Although most offices may follow a traditional model in which work largely consists in defending final convictions, there has been a notable trend towards experimentation with reconception of the post-conviction role of prosecutors. This chapter describes each of those changes and describes their implications for post-conviction criminal procedure.