As reported in the New York Times in an article by Benjamin Weiser titled Should Prosecutors Chastise Those They Don’t Charge?, a recent announcement by New York prosecutors that they would not be indicting Mayor Bill DeBlasio leads to an interesting debate.
Prosecutors have become more willing to speak publicly about their decision not to file charges in high-profile cases. Not surprisingly, some object.
BY: Signe Skov Thomsen, Producer Assistant at the Good Company Pictures.
Would you confess to a crime you didn’t commit?
In the Closed Room is a documentary, currently in production with an anticipated completion date at the start of 2018, which is dedicated to the vital subject of false confessions. It is intended to raise awareness of the perpetual injustice caused by false confessions, to generate a vibrant debate that can ignite and lead to change, and to contribute to the much needed fight for a more transparent and just interrogation process.
For over two years Emmy-nominated director Katrine Philp has been following the defense attorney, Jane Fisher-Byrialsen (Korey Wise’s lawyer from the Central Park Jogger Case), as she fights to exonerate the wrongfully convicted and to raise awareness of the coercive and manipulative techniques that are being used during police interrogations.
The coerced confession of Brendan Dassey documented in the Netflix series Making a Murderer outraged the viewers. But, Dassey’s case is far from unique. According to the Innocence Project, 25% of overturned cases involve some kind of a false confession. Through three of defense attorney Jane Fisher-Byrialsen’s cases this documentary focuses on and uncovers the widespread phenomenon of false confessions.
Why do so many people admit to horrible crimes they did not commit? Why don’t they maintain their innocence? Those who broke under the pressure during interrogation shared that trained interrogators can get anybody to confess to anything – and often people get convicted with no other evidence than their own false confession.
As Jane Fisher-Byrialsen shared,
Although I believe that lawyers can do amazing things when they are willing to fight for their clients, I don’t always think that it is enough to make the larger changes that we need in society. Therefore I agreed to participate in this documentary in the hopes that it would raise awareness around the problem of false confession.
Similarly, as Dean Strang of Making a Murderer shared,
This important new documentary will help to spread understanding of the very real phenomenon of false confessions and help us to understand why they happen and what we can do about them.
The creators of the documentary kindly ask anyone who believes in this project and in the importance of bringing the issue of false confessions to the forefront of our criminal justice discussion, to please support the making of the documentary as every small or large amount makes a difference.
To maintain transparency of the proceedings of the Prosecutor’s Office, Fatou Bensouda, announced the issuance of a Policy Paper on Case Selection and Prioritisation (in English and French). As mentioned in the policy paper, the resources available to the Office do not allow it to look into every possible alleged case or situation and as such, the OPT must prioritize while continue to carry out its mandate and ensure that the “exercise of [prosecutorial] discretion in all instances is guided by sound, fair, and transparent principles and criteria.” The purpose of this paper is to set out “considerations which guide the exercise of prosecutorial discretion in the selection and prioritisation of cases for investigation and prosecution.” Aside from the Security Council and State Party referrals, the Prosecutor may initiate investigation proprio motu in accordance with Art. 15.
This paper is intended to be an internal document without giving rise to legal rights, and thus is subject to revisions. It explains the distinction between situations and cases. It highlights the importance of preliminary examinations in deciding whether to open an official investigation. It identifies the “gravity” element, as defined in Art. 17(1)(d) of the Rome Statute, as one of the predominant case selection criteria. It reaffirms the importance of the Court’s cooperation with national jurisdictions in carrying out the principles articulated in the Preamble of the Rome Statute, especially in situations when cases are not selected for investigation or prosecution by the OTP.
Under the complementary criminal justice system, as defined in Art. 17 of the Rome Statute, the Office further states that it will “encourage genuine national proceedings … and seek to cooperate and provide assistance to States, upon request, with respect to conduct [constituting] crime under national law, such as the illegal exploitation of natural resources, arms trafficking, human trafficking, terrorism, financial crimes, land grabbing or destruction of environment.” This adds to the Office’s commitments one protecting environment by ensuring that the destruction to natural environment does not go unpunished.
Among the many criteria to be considered when selecting cases for investigation by the Office are the already mentioned gravity in order to focus on the “most serious crimes within a given situation that are of concern to the international community as a whole”; the degree of responsibility of alleged perpetrators to ensure that “charges are brought against those persons who appear to be the most responsible for the identified crimes”; and the charges where the Office states to focus on “crimes that have been traditionally under-prosecuted, such as crimes against or affecting children, … rape and other sexual and gender-based crimes, … and attacks against cultural, religious, historical, and other protected objects as well as against humanitarian and peacekeeping personnel.”