Opinion |

Peacemaker Award winner seeking justice for all

As a consumer, I expect certain things to be reliable. A reliable product provides a consistent, predictable experience when used. When I pick up a hammer, I know that with an accurate swing, it will drive a nail. When I get in my car, I know it’s going to start (and get me to my destination).

Reliability inspires confidence: a feeling of certainty that something will be dependable and suited for its intended purpose.

In the same way, as an American, I expect our institutions to be reliable. But when it comes to the criminal justice system, I’m not confident it’s working as it should.

It seems I’m not alone. Gallup, which has been tracking public confidence in our institutions for 50 years, has found that just 20 percent of us have a “great deal” or “quite a lot” of confidence in the criminal justice system. In their 2021 poll, only Congress inspired less confidence (12 percent).

Over those same 50 years, our penchant for incarceration has grown. In 1972, there were 300,000 people in our jails and prisons; by 2023, the number stood at 1.68 million, second only to China. For every 100,000 people, 505 Americans are imprisoned, according to Statista, a sixth-place showing (El Salvador, Rwanda and Cuba are among the top five).

Yet, as Bryan Stevenson observed, most of us are disconnected from the reality of the criminal justice system, not seeing it as our problem or struggle. Stevenson is executive director of the Equal Justice Initiative in Montgomery, Ala.; his story was told in the 2019 movie “Just Mercy.” 

Stevenson has said that a person is treated much better if they are rich and guilty, rather than poor and innocent. It’s wealth, not culpability, that shapes outcomes in our justice system. As a result, there are more innocent people in our jails and prisons today than ever before. Securing their freedom is Stevenson’s life work.

As jails and prisons fill, the rate of exoneration is rising, according to the Equal Justice Initiative. Since 1989, more than 3,175 people have been freed; together, they spent more than 27,200 years in prison for crimes they did not commit. That’s a lot of precious, unrecoverable time.

The reasons for wrongful convictions are well documented. They include witnesses who made false accusations or lied in court, eyewitness misidentification, false confessions and inadequate representation. Faulty forensics also lead to wrongful convictions; DNA, for example, can be unknowingly transferred or improperly stored.

Race, of course, is entwined with poverty. As the Equal Justice Initiative noted, “African Americans are burdened by a presumption of guilt that most defense lawyers are not prepared to overcome.” While 13 percent of the general population, they make up 47 percent of exonerations. Innocent Black people are about seven times more likely to be convicted of murder than innocent White people.

Locally, there is an organization working to exonerate people who are wrongfully incarcerated. Founded in 1999, the California Innocence Project (CIP) reviews more than 2,000 claims of innocence from California inmates each year. Students at California Western School of Law work alongside CIP staff attorneys on cases where there is strong evidence of factual innocence.

Since its inception, CIP has secured the release of dozens of innocent people who otherwise may have spent the rest of their lives wrongfully incarcerated. In addition, the organization has been involved in changing laws and policies that would improve the criminal justice system in our state.

On Saturday, CIP will be recognized by the National Conflict Resolution Center as our Local Peacemaker honoree. Justin Brooks, director of CIP, will accept the award on behalf of the organization.

Brooks, author of “You Might Go To Prison, Even Though You’re Innocent,” will no doubt share the story of Marilyn Mulero, his first client. Mulero was convicted of first-degree murder for the 1992 slaying of two gang members in Chicago. Her lawyer failed to properly investigate the case; two detectives fabricated evidence against her.

Mulero was wrongfully imprisoned for 27 years, her death sentence commuted to life without the possibility of parole. In 2019, CIP filed a clemency petition on Mulero’s behalf. In 2020, she walked out of prison, and in 2022, her conviction was reversed and charges dismissed.

Marilyn Mulero was the 190th person to be exonerated from death row. Believing her story, Justin Brooks took a swing at justice — and he nailed it.

NCRC’s Peacemaker Awards dinner honoring the California Innocence Project and other peacemakers will be held on Saturday, May 13, at 5:30 pm. For information, or to purchase tickets, visit NCRConline.com.

Dinkin is president of the National Conflict Resolution Center, a San Diego-based group working to create solutions to challenging issues, including intolerance and incivility. To learn about NCRC’s programming, visit ncrconline.com