RETROACTIVE REVIEW & CONVICTION INTEGRITY
Assuring that all convictions are legitimate, accurate, and fair is essential for any prosecutor’s office. Doing so effectively demands a proactive approach that transforms the Conviction Integrity Unit into a Retroactive Review Unit (RRU) that applies modern lessons to future cases as well as previous ones, and actively seeks out opportunities to do so. Lucy’s RRU will report directly to her, be granted a broad mandate for reviewing claims, receive all necessary funding, publish its policies and procedures, and issue public annual reports. Sign on if you agree!
The RRU will continue to fulfill the functions of the Integrity Program, including investigating post-conviction claims of innocence and preventing future wrongful convictions. In addition the RRU will also explore avenues for proactive sealing and expungement on a system and case level, identify opportunities to support parole and clemency applications, conduct sentence reviews, and, where appropriate, advocate for needed legislative change, including collateral review of sentences that are unduly harsh and excessive.
To transform Manhattan’s Conviction Integrity Unit into the RRU, Lucy will focus on:
Wrongful Convictions — the RRU will be able to review a broad range of cases including both felonies and misdemeanors. Crucially, the RRU will cast a wide net by reducing structural limitations on eligibility that traditionally inhibit the scope of a case review unit, including guilty pleas, due process claims that support allegations of innocence, cases where a sentence has already been completed, and resubmission of a petition as new evidence comes to light. The unit will be guided by factual merit, not procedural hang-ups. The RRU will also work closely with defense attorneys and community organizations to facilitate case referrals and review. The criteria for reviewing cases will include but not be limited to new facts that support a credible claim of innocence, corrupt law enforcement practices, and evidence of a constitutional violation in proceedings.
Sealing — the RRU will be mandated to work with community partners to facilitate the sealing of cases eligible under New York law. Lucy’s RRU will have an explicit policy of supporting applications for sealing as a default. The RRU will work to raise awareness about the eligibility for case sealing and organize application workshops among other community events — in partnership with community organizations and the defense bar — to increase the number of applications for sealing. In many instances, however, sealing is not enough. As discussed below, the RRU will also support legislation designed to expand the use of expungement.
Sentence Reviews — the RRU will take a proactive role in reviewing overly punitive sentences. This practice will reduce extreme sentences — disproportionally given to people of color — account for people’s capacity to grow and change while incarcerated, improve the ability for people to reintegrate, and reflect recent developments in our understanding of criminal conduct and rehabilitation. The RRU will support applications for parole and clemency in appropriate cases and promote legislation that would allow a court to recall a case in order to reduce a sentence.
Legislative Review and Advocacy — the RRU will issue recommendations and support for legislative change in accordance with its mandate. This may include advocating for legislation that allows cases to be resentenced if it is determined a sentence is overly punitive and increasing the availability of sealing and expungement. The RRU will work collaboratively with the defense bar and community groups to make change at the legislative level.
Annual Reporting: To publicize their work and progress and to hold the DA’s Office accountable, the RRU will publish an annual report with statistics of cases reviewed, actions taken, uncovered misconduct in the Office, any changes in policies or procedures used by the RRU, and metrics and accomplishments from the most recent year.