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FJP Files Brief Urging Court to Protect Prosecutors’ Duty to Correct Wrongful Convictions
September 12, 2025 (Philadelphia, PA) — Yesterday, Fair and Just Prosecution (FJP) filed an amicus brief in Johnson v. Superintendent, Mahanoy SCI calling on the U.S. Court of Appeals for the Third Circuit to rehear a decision that improperly restricts prosecutors’ ability to exercise their discretion and pursue justice when confronted with an unjust conviction.
A prosecutor’s unique role in the criminal legal system is grounded in a duty to seek justice above all, not merely secure and defend convictions at all costs. That obligation extends to post conviction proceedings, where prosecutors must act when constitutional violations arise that compromise the legitimacy of a case. By rejecting the Philadelphia District Attorney’s decision to waive defenses and decline to defend the conviction, the panel opinion disregarded this fundamental responsibility and disrupted long-established principles that give prosecutors necessary discretion to pursue the interests of justice.
“Addressing convictions that are tainted by constitutional violations should not be optional, it is at the core of prosecutorial responsibility.” said Fair and Just Prosecution Executive Director Aramis Ayala. “Preventing prosecutors from fulfilling this duty perpetuates injustice, is an attack on prosecutorial discretion, and undermines the public’s trust in the legitimacy of the legal system. If this decision stands, innocent people will remain behind bars.”
The brief explains that the prosecutor’s discretion and responsibility to concede error are deeply rooted in both constitutional law and ethical rules governing prosecutorial conduct. The Supreme Court has repeatedly recognized that prosecutors must correct wrongful convictions, and jurisdictions nationwide have created conviction integrity units to ensure that mandate is met. Limiting this discretion penalizes prosecutors for fulfilling their obligations and prevents courts from confronting constitutional violations.
The brief also warns that upholding tainted convictions damages public trust and, in turn, public safety. Communities are less likely to cooperate with law enforcement or respect legal outcomes when the justice system is unwilling to admit its mistakes. True safety depends on public confidence, which can only be maintained when prosecutors are not required to defend unjust convictions.
FJP urges the full Court to rehear this case en banc and reaffirm that prosecutorial discretion includes the authority and obligation to correct wrongful convictions.
Read the full amicus brief here.