ABSTRACT
Findley and Scott (2006) propose reform in the following areas as ways to prevent tunnel vision and avoid wrongful convictions:
Legal reform of the direct connection and harmless error doctrine; modifi-• cation of the limitations on admissibility of statements against penal interest; expanded appellate review of the facts underlying guilt determination Education and training of police, prosecutors, and judges• Improved procedures and protocols for collecting and assessing physi-• cal and testimonial evidence Better management and supervision of investigations by:•
Police-selection of police investigators and investigative supervi-• sors, posing alternative case theories, approaching from an ignorance perspective, apportioning investigative responsibilities, using advisory investigators, presenting the case to the prosecutor, disclosing information to the media
Prosecutors-demanding full disclosure from police, maintaining • independence from police investigators, employing multiple levels of case review, counter-arguing
Transparency• Institutional reforms of police crime laboratories and prosecution offices.•
Epp (1997) suggests establishing a legislated rule system, similar to the police investigative code of practice adopted in the United Kingdom, along with improvements in training, supervision, and discipline. He sees little hope in preventing wrongful convictions through the use of sanctions:
Unfortunately, defining the problem as one of police malpractice or wrongdoing does not properly recognize the cognitive and organizational influences involved. Failures in investigations are not so much a problem of a particular occupational group as they are a problem of human nature.
