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41 Current and Former Criminal Justice Leaders File Amicus Brief Urging Pennsylvania Supreme Court to Protect Prosecutors’ Authority to Correct Past Errors
October 7, 2024 (Washington, D.C.) — Today, a group of 41 criminal justice leaders, including current and former elected prosecutors and state attorneys general, and former U.S. attorneys and Department of Justice officials, have filed an amicus brief with the Pennsylvania Supreme Court in Commonwealth v. Lavar Brown. In this case, the Philadelphia District Attorney’s Office conceded that Mr. Brown’s conviction was tainted by a significant constitutional error, and the Pennsylvania Supreme Court is considering how courts should treat those concessions of error.
The brief argues that prosecutors must, as ministers of justice, admit and correct past errors that result in unjust convictions, and judicial actions that limit their ability to do so erodes public trust in the legal system, undermines democracy, and is bad for public safety. In light of these concerns, the brief’s signers asked the Pennsylvania Supreme Court to reject efforts to limit District Attorneys’ ability to concede error. Elected prosecutors’ authority to admit and correct past errors is also crucial to the integrity of the criminal legal system and is essential for maintaining public trust and safety.
“Prosecutors have a duty not only to secure convictions but to ensure that justice is done,” said Fair and Just Prosecution Acting Co-Executive Director Amy Fettig. “When mistakes that undermine the integrity of a conviction are discovered, it is not just within the prosecutor’s discretion to concede error—it is their obligation to act. The actions taken by the Philadelphia District Attorney’s Office in this case reflect a commitment to justice that should be honored, not undermined.”
The brief highlights the critical role that prosecutorial discretion plays in the criminal legal system, particularly in post-conviction contexts. The signatories caution that undermining this discretion not only limits the prosecutor’s ability to correct unjust outcomes, but also sends a dangerous message that the legal system prioritizes convictions over fairness.
“Our system of justice depends on prosecutors acting with integrity,” said District of Columbia Attorney General Brian Schwalb. “When mistakes are made, especially mistakes that might have led to a wrongful conviction, prosecutors must acknowledge those mistakes. Doing so increases public trust in the system, which improves public safety overall.”
The signatories also warn that restricting prosecutors’ discretion could have broader implications for the democratic process by undermining the will of voters who elected these officials to make decisions in the interest of justice and eroding public trust in the legal system.
“Prosecutors’ duty to do justice includes a responsibility to correct past mistakes,” said King County Prosecuting Attorney Leesa Manion. “Fulfilling that obligation is the embodiment of our commitment to the fair administration of justice and is vital for enhancing trust in the legal system.”
For more information, read the full brief here.