BY REBECCA ZELL

Our justice system is supposed to, as its name suggests, make sure that our laws are upheld fairly. In too many instances, however, the system breaks down, and a prosecutor witah questionable evidence takes a case to trial.

While the United States’ wrongful conviction rate is low, the number of exonerations is far fewer. That is because DNA evidence is required to clear someone’s name, but new DNA is rarely found. Even if it is, the appeals process can take years, and there is no guarantee of a retrial.

In 1990, Jeffery Deskovic, then only 16-years-old, was convicted of raping and murdering a classmate. Despite DNA evidence that confirmed that another man had committed the crime, police maintained that Deskovic had confessed to it. It is true that Deskovic made the confession, but it is also true that it was coerced. He stated the confession after having been detained and interrogated for seven and a half hours. Deskovic served 16 years in prison before he was released. Deskovic is not alone. Since 1989, at least 205 people have been exonerated due to DNA evidence.

New York State does not require recorded interrogations. Reversing that statute would be a small change, but it would make a tremendous difference. Not only would suspects be protected from police misconduct, but also police would be able to defend themselves from false accusations of brutality and other wrongdoing. In September, Westchester County, alaong with four other New York counties, received grants to enable recorded custodial interviews. This is a step in the right direction, but the change should be national.

On Nov. 12, Manhattan judge John Cataldo overturned Fernando Bermudez’s 23 years-to life sentence for a murder that he did not commit. Bermudez, 40, languished in prison for 18 years, almost half of his life. Bermudez’s case is rare because DNA evidence played no role in his conviction whatsoever. Prosecutorial misconduct shouldered the burden of proof usually carried by DNA. Witnesses were illegally shown Bermudez’s mug shot and allowed to discuss it before being asked to identify the killer. In fact, all five witnesses who testified against Bermudez later recanted. Incomprehensibly, after the ruling, Manhattan Chief Assistant District Attorney Mark Dwyer said, “We very strongly disagree with the judge’s decision, and we are considering our options.”

As they “consider their options,” prosecutors must also consider their conduct, or lack thereof. Before a case is brought to trial, the prosecutor must ascertain that the defendant is guilty, beyond a shadow of a doubt. Should that fail to be done, our justice system will find itself cast in darkness.