My name is Jessica Sherwood
and I had the opportunity to serve as an intern at California Innocence
Project (CIP) in San Diego this past month.
You may be familiar with
innocence work through the popular Netflix series, When They See Us. The
show brings to light a 1989 case of five teenagers who were wrongfully covicted
of raping a woman. The young boys at the time of the rape were eventually
convicted based on their false and coerced confessions. Between the five of
them, they spent from 6 to 13 years in prison before a serial rapist confessed
to the crime. In 2014, all five men were exonerated through DNA testing.
This past month, I got to
work alongside a team of incredible interns and attorneys to help process
intakes from inmates pleading factual innocence to the crime they allegedly
committed. I also had the opportunity to do a full case analysis on one of
CIP’s potential new clients. I found myself knee deep reading through opinions
and scouring the evidence for anything that potentially could link my inmate to
his story of innocence. There have been 281 known DNA exonerations in the US
since the late 1980’s. From this information, The Innocence Project
estimates that one percent of the US prison population, approximately 20,000 people,
are falsely convicted. This is considered a very conservative estimate as there
have been as many as 850 exonerations in the last forty years.
I think in light of stories
and statistics such as this, it can be easy to become jaded towards our criminal
justice system. We begin to assume the worst and speak only to the corruption
we see. As a law student, I’ve already heard countless jokes in regards to what
many people consider a dubious profession.
As I’ve reflected on some of
the inconsistencies and current issues in our criminal justice system, I’ve
afforded myself some space for sadness and recognition. Yet in this same space,
I’ve also been celebrating the infrastructure and strong foundation we do have
in place. Yes, I am deeply burdened by the 1% wrongfully accused, but I also
celebrate the approximately 99% of people who did receive a fair trial and due
process through the work of excellent attorneys, law enforcement officers, a
judge, and countless others. I rejoice in the work of phenomenal non-profits
like CIP working hard on the defense side to discover new evidence to
potentially exonerate someone. On the other side though, I also applaud the
amazing efforts of the prosecutors I work for now who are pursuing justice for
countless victims of heinous crimes.
The reality is between my
internship at CIP and my current internship at the State Attorney’s Office in
Miami, I have seen brilliant lawyers work hard in pursuing justice. These women
and men are committed to doing the right thing every single day despite the
costs. When there are people on both the defense and prosecution side seeking
the truth of the matter and providing an avenue to pursue due process, there is
an amazing structure of checks and balances within our criminal justice
system.
I’ve been amazed by all the
players involved in a court case, from the initial arrest by a police officer,
to the forensic investigator swabbing fingerprints, to the court reporter
diligently capturing every word in the courtroom. Every role is significant and
allows our justice system to operate with dignity and efficiency.
The message of my brilliant
law professor, Ben Madison, that every person deserves their day in court, has
been resonating with me over the summer. We recognize and signify the dignity
of every human being by providing due process. I love the quote by George Mason
that says, “and
by the recognition by all citizens that they have duties as well as rights, and
that such rights cannot be enjoyed save in a society where law is respected and
due process is observed.”
I think this is where
our criminal justice system operates best, when ALL citizens, whether the
defense attorney, the case manager, the FBI agent, or the judge, recognize
their duties in the pursuit of justice. Each role matters greatly in providing
due process to every person.
Thurgood Marshall says
that “in recognizing the humanity of our fellow beings, we pay ourselves the
highest tribute.” I want to put these words into practice everyday. I want to
choose to provide every person who walks into the courtroom the dignity of
recognizing and celebrating their humanity. Because with their humanity comes
intrinsic human rights that should be valued and treated with respect.
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