New Ohio Laws to Reduce Wrongful Convictions
A new set of laws in Ohio will work to keep the criminal process more efficient while simultaneously reducing the change of wrongful convictions and eyewitness identifications. While it may take prosecutors and police some time to adjust, the adjustments will be well worth it and are coming at a very good time—when dozens of states have passed similar legislation.
According to the Cincinnati Enquirer, close to 25 states have adopted “open discovery” rules. What this means is prosecutors and defense attorneys will be required to share their information earlier on in the case and they won’t be able to withhold important data like police reports, expert witness reports, and other potentially trial changing information.
In addition the laws will change how eyewitness identifications take place. Interestingly, about 75% of wrongful convictions nationwide have hinged on false eyewitness identification. This new law will seek to minimize this occurrence by adopting a new process for doing photo lineups.
Until now, police would show witnesses a series of photos, altogether, spread out on a table or copied on the same piece of paper. This method has been shown to produce false identification because people are more likely to compare the photos to one another, choosing the one that may look the most like the suspect, even if the suspect isn’t in the lineup.
Now, witnesses will be shown a series of photos, one after the other, in what’s referred to as a “folder shuffle” method. This, University of Cincinnati law professor Mark Godsey says, “forces the person to compare the suspect not to other pictures but to their individual memory” an important distinction.
This package of reforms has been spearheaded by the Ohio Innocence Project. It was approved by lawmakers and is said to have seen immense support by police and prosecutors alike. Despite the adversarial system and common attitude of “we vs. them”, most people within the legal community want to see methods adopted that have less room for error and better protection of the innocent. Nationwide, the Innocence Project has been aggressively working to reform the criminal justice system and exonerate wrongfully convicted individuals.
Laws like these are very important in ensuring the right people are tried for crimes and that they receive a fair trial and fair treatment leading up to the trial. If you’re facing criminal charges, you know just how important this is.
If you are accused of a crime, knowing the laws in place to keep your rights protected is important. You need to know what you’re up against and you need to have someone on your side to assist you. Contact me today. Whether you are facing charges of drug possession or fraud—I can help.
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