Prosecutors need easier paths to remedy wrongful convictions, ABA House says
One case identified by Resolution 503's report was that of Lamar Johnson, second from the left. When a local prosecutor discovered misconduct in Johnson's 1995 murder trial, she filed a motion in 2019 for a retrial, but it was dismissed on procedural grounds. (Photo by David Carson/The St. Louis Post-Dispatch via the Associated Press)
The ABA House of Delegates on Monday at the 2025 ABA Midyear Meeting in Phoenix passed a resolution to help prosecutors trying to vacate wrongful convictions who come up against procedural obstacles or court skepticism.
Resolution 503 urges federal, state, tribal and territorial governments to pass laws or create rules making it easier for prosecutors to request that convictions be vacated because of errors of “constitutional magnitude” or “compelling evidence of the defendant’s factual innocence.”
The resolution specifically states that “appropriate weight” should be given to a prosecutor requesting that a conviction be vacated, and “absent compelling evidence in the record to the contrary, that such request be granted.”
Follow along with the ABA Journal’s coverage of the 2025 ABA Midyear Meeting here.
The ABA has previously developed policies, rules and standards directed at promoting the integrity of criminal convictions and remedying wrongful convictions. In addition, “the Model Rules of Professional Responsibility create an affirmative obligation upon prosecutors to remedy wrongful convictions,” according to the report accompanying the resolution.
The report noted that there are growing concerns about the prevalence of wrongful convictions, and some prosecutor’s offices have developed conviction integrity units to ensure the accuracy and legitimacy of criminal convictions. The report also noted that despite the implementation of these units and other reforms, prosecutors can still face hurdles when seeking to remedy a wrongful conviction.
Resolution 503 was sponsored by the Criminal Justice Section.
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