‘American prosecutors are asked to play two roles within the criminal justice system,’ begins the description on Daniel Medwed’s legal, moral and psychological take on the work of prosecutors. ‘They are supposed to be ministers of justice whose only goals are to ensure fair trials – whatever the outcomes of those trials might be – and they are also advocates of the government whose success rates are measured by how many convictions they get.’
Because of this dual role, argues Mr Medwed – who is a leading authority on wrongful convictions after serving 15 years as a public defender with the Legal Aid Society of New York City – evidence is sometimes suppressed to establish and safeguard a conviction.
It’s a bold claim, and Mr Medwed calls on all his experience, along with many other examples, to claim that prosecutors are told to lock up criminals and protect the rights of defendants.
Mr Medwed is keen to point out that his book is not intended to portray prosecutors as rogue officials indifferent to the conviction of the innocent, but the fairness of the US criminal justice process does need a thorough examination, and perhaps – as is proposed – serious reform.