Executive Summary
Unlike fields such as aviation or engineering, which mandate rigorous “root cause” investigations after critical failures (i.e., bridge collapses and airplane crashes), the U.S. justice system lacks a formal, standardized process for reviewing miscarriages of justice. This absence of structured “systemic failure analysis” hinders identifying and correcting the procedural and systemic errors that lead to these failures. Without such mechanisms, errors go unaddressed, perpetuating the risk of repeated mistakes and undermining accountability and reform efforts.
Instituting a comprehensive review process is essential to improving the integrity and fairness of the justice system. This is especially pressing as we witness the weaponization of the U.S. legal system against a U.S. Presidential candidate for the first time in our nation’s history.
Findings:
1. No Standardized Reform Process
- Despite numerous exonerations and other documented failures of justice, there is no mandated, systemic process for reviewing wrongful convictions to prevent future errors. Unlike high-reliability fields such as aviation, wrongful convictions do not automatically trigger mandatory reviews to diagnose and fix the underlying issues. Source.
2. Lack of Accountability
- Prosecutors and law enforcement officers rarely face consequences for errors or misconduct that lead to failures of justice. Even when errors in forensic evidence or prosecutorial misconduct are identified, there is often resistance to revisiting cases or implementing needed reforms. Source Source.
3. Procedure over Justice
- Courts and officials frequently prioritize finality over justice, making it difficult to reopen cases even when new evidence or procedural failures emerge. This resistance is a significant barrier to achieving justice. Source.
4. Limited Use of Post-Conviction Analysis
- Unlike other fields, such as aviation or engineering, the justice system lacks a routine process to conduct post-conviction “autopsies” to diagnose systemic failures and ensure they do not happen again. Source Source.
Policy Idea
Establish a National Justice Integrity Board (NJIB). The NJIB is responsible for investigating justice failures. After a failure, it triggers the NJIB to conduct a thorough investigation, to determine the root cause(s) of the failure(s). The primary objectives of the NJIB is to identify, catalog, and correct defects in the judicial processes to improve the system and prevent future errors.
This policy would empower the NJIB to propose legislative reforms using a methodical and evidence-based approach similar to aviation and engineering methods aimed at fixing flaws in the justice system.
Why This Policy?
Alternatives such as Case Reviews and Appeals correct individual errors but fail to address systemic issues or lead to widespread improvements in the justice system (National Institute of Justice, Wrongful Conviction Law Review). Judicial Precedents can guide future cases, but they evolve slowly and don’t tackle systemic procedural flaws (Cambridge University Press & Assessment). Similarly, Innocence Commissions, review wrongful convictions but lack the authority to enforce widespread reforms (Cornell Death Penalty Center). These approaches don’t offer the comprehensive reform needed to fix systemic justice failures.