Abstract
Daniel S. Medwed has put together a book that appeals to both academics and anyone interested in gaining knowledge about many of the intricate details of prosecution. The book is broken down into three parts: pretrial, trial, and postconviction. Medwed leads you through a journey of the prosecutorial process, pointing out where they go wrong, how they go wrong, and making suggestions for remedies. His mottos are “renovation not demolition” and “evolution not revolution.” He does not feel that the system is incapable of sustaining but rather could benefit from various ethically based changes.
Medwed’s background as a former attorney, former innocence organization director, and current professor has given him a chance to reflect on the prosecutorial process from many angles. The tone of the book is not “one sided,” slamming prosecutors from every direction, but rather points out that many prosecutors are doing their jobs adequately and some simply get lost along the way due to a host of reasons to include time constraints, political pressures, office practices, and the like.
Each part of his book opens with a “real-life” story that demonstrates where prosecutors have gone wrong. Medwed does a fantastic job of choosing cases that are recent and notorious, allowing the reader to focus and relate. These examples are often referred to again in the text, bringing the whole process into full circle, providing the reader a chance to remember the details of the case and see again and again examples where prosecutors have gone wrong.
Prosecutors have a great deal of power and discretion that often goes unchecked, and it is understandable that without appropriate guidance there is the possibility that they will make inappropriate and sometimes completely unethical decisions in various phases of the process. It is this type of behavior that has to be changed. Medwed addresses each of these areas in detail and offers a host of suggestions for mending the problems. To provide some examples, he discusses things such as in-house training, simulation exercises, ethics conversations in employment interviews, and ultimately rewards for often difficult but appropriate responses, or punishments for those behaviors that simply must be stopped. Imagine an office that gives you a reward and recognition for dismissing charges against an innocent defendant rather than a reward for a “trial well done.” This would be contrary to what prosecutors have been trained to do, but in the wake of DNA testing and the various other ways we have discovered wrongful convictions, the time is now.
One area that Medwed did not touch on is female offenders. Although women are not the majority of defendants in criminal cases, and thus not the ones most affected by wrongful convictions, it would seem that the treatment of their cases might be different and should be considered. Prosecutors may employ different tactics to entice a female defendant to accept a plea bargain, convince the judge or jury of their guilt, or bar them from postconviction remedies. This area seems to be something that might add to the full package of examples and suggestions Medwed has provided.
Overall, Prosecution Complex: America’s Race to Convict and Its Impact on the Innocent is a must read for those interested in becoming prosecutors, those that currently hold the position, and anyone with a vested interest in understanding the prosecutorial process and making it a better one. It may be a bit of a challenge for an undergraduate reader but is definitely suitable for graduate students and others up for the challenge of learning more about the possibility of innocent convictions.