Why do state court judges uphold convictions that are riddled with misconduct? Why do state prosecutors insist on defending them? The answer, according to Northeastern University law professor Daniel Medwed, who has written extensively on the topic, is likely a combination of law, politics, and basic human psychology.
Our criminal justice famously presumes that every accused person is innocent until proven guilty. But once a conviction is obtained, that presumption is turned on its head. Charges were brought, and a jury, which saw evidence and heard from the witnesses firsthand, voted to convict. At that point, finality sets in.
