Download Mission and Objectives

MISSION STATEMENT, OBJECTIVES, AND OPERATING PROCEDURE
I. Mission Statement
The Florida Innocence Commission is established to provide a mechanism to
recommend to the Supreme Court of Florida solutions to eliminate or significantly
reduce the causes for wrongful or erroneous convictions. These solutions may
include, but not be limited to, suggested rule proposals or amendments, statutory
changes, or other procedural changes directly related to the wrongful conviction of
the innocent. The Commission brings together prosecutors, defense attorneys,
judges, law enforcement, legislative representatives, and victim advocates, to work
together as a collegial body to identify the common causes of wrongful
convictions, and to recommend procedures to decrease the possibility of these
convictions in the future.
II. Summary
DNA testing has confirmed that despite the safeguards built into our criminal
justice system, there still exists the possibility that individuals can be convicted of
crimes they did not commit. Wrongful conviction of the innocent not only
severely punishes those convicted and their families; it allows the person who
actually committed the crime to go unpunished and to be free to commit additional
crimes. Furthermore, a wrongful conviction places the victim of the crime in a
position of having to endure continued participation in the criminal justice system.
In addition, wrongful convictions negatively impact public trust and confidence in
the justice system.
III. History of the Commission
On December 11, 2009, a Petition for a Rule Establishing an Actual Innocence
Commission was filed with the Supreme Court of Florida by Talbot D’Alemberte,
Esquire, on behalf of sixty-eight petitioners. On July 2, 2010, Chief Justice
Charles T. Canady established, by Administrative Order AOSC10-39, the Florida
Innocence Commission. Pursuant to its authority as stated in the Administrative
Order, the twenty-three member Commission has been established to conduct a
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comprehensive study of the causes of wrongful convictions and of measures to
prevent such convictions. The Chief Justice appointed Chief Judge Belvin Perry,
Jr., of the Ninth Judicial Circuit, to chair the Commission.
IV. Commission Objectives
The primary objective of the Florida Innocence Commission is to make
recommendations to the Supreme Court which reduce or eliminate the possibility
of the wrongful conviction of an innocent person. It is anticipated that
accomplishment of this objective will increase the conviction of the guilty,
positively impact public trust and confidence in the State's justice system, and
decrease the overall cost of the prosecution, trial and appeal processes.
Specific Commission objectives are:
1. To identify the most common causations of conviction of the innocent.
2. To provide a forum for open and productive dialog among Commission
members regarding each type of causation.
3. To identify current Florida law enforcement procedures implicated by each type
of causation.
4. To identify through research, experts, and discussion, potential solutions in the
form of statutory, procedural, or process changes for elimination of each type of
causation.
5. To issue interim reports to the Florida Supreme Court, and the Florida
Legislature, setting forth the work of the Commission.
6. To issue a final report to the Florida Supreme Court, recommending solutions
for each causation issue that has been identified by the Commission.
V. Operating Procedure
(a) The Commission will meet approximately every eight weeks.
(b) The Commission shall meet at such time and place as determined by the Chair,
with input from Commission members. Members will have at least thirty days
notice prior to the commencement of a Commission meeting.
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(c) To the extent possible, meetings will take place during days and times that
minimize disruption of the work schedules of the Commission members.
(d) At all meetings, twelve Commission members shall constitute a quorum for the
transaction of business. Voting may be in person, by proxy, by letter, by electronic
mail, or by telephone. A recommendation of the Commission shall not be binding
upon the Commission without the affirmative vote of at least half of the number of
the current membership of the Commission.
(e) Although the Commission will benefit from the expertise of its membership, it
will be necessary to provide the Commission members with research materials as
topics are discussed. In addition, experts from Florida and other states may be
invited to speak before the Commission.
(f) Studies and surveys of Florida criminal justice practices may be conducted as
part of the Commission's work.
(g) Topics to be studied by the Commission may include, but not be limited to,
eyewitness misidentification, DNA and other forensic science, false confessions,
informant/accomplice testimony, law enforcement investigation procedures,
attorney professional responsibility, and the postconviction review of claims of
actual innocence. A concrete topic list will not be established, as it is anticipated
that issues will be raised and considered throughout the Commission's work.
(h) Law school students throughout Florida and elsewhere will be recruited to
assist with research for the Commission. Additional research may be provided by
experts chosen by the Commission.
(i) The Commission may look at individual cases where innocence has already
been officially acknowledged for the purpose of identifying causations of those
convictions. However, unproven innocence claims will not be reviewed.
(j) Written minutes will be kept of all meetings.
(k) The Commission will issue an interim report to the Supreme Court no later than
June 30, 2011, outlining its findings as the studies of topic areas are completed. A
final report setting forth all of the findings and recommendations of the
Commission will be submitted to the Supreme Court no later than June 30, 2012.
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(l) The Commission may adopt any additional rules of procedure as are necessary
to carry out its objectives.
VI. Commission Membership
The Commission currently consists of twenty-three members, invited to participate
by administrative order of the Chief Justice.
Initial Commission members were invited to voluntarily participate in the
Commission's work based upon individual competence, experience, and
anticipated commitment. Invitations were further based on the need for the
Commission to be diversely representative of the criminal justice system. These
individuals offer differing perspectives and expertise that will enable the
Commission to meets its overall mission and specific objectives.
The Chair of the Commission may suggest to the Chief Justice the addition or
substitution of members as the work of the Commission progresses and/or if a
current member is unable to participate on an ongoing basis.
The Executive Director will be responsible for administrative duties; performing
and compiling research, data and reports; identifying and coordinating expert
testimony where appropriate; and assuming an oversight role by developing
expertise in, keeping abreast of, and contributing to the substantive work of the
Commission . An administrative assistant, law school externships and volunteer
student work, as well as contractor services, will assist the Executive Director with
these tasks.
VII. Funding
The Florida Legislature, through the Mediation Arbitration Trust Fund has
provided funding to the Commission in the sum of $200,000.00 for fiscal year
2010-2011. A grant application for $114,862.00 was approved by The Florida Bar
Foundation. This grant provides for two semi-annual payments of $57,431.00. The
grant expires on July 14, 2011. The Commission funds will be managed by the
Executive Director. The funding will be used to cover salaries, general expenses
including copying, mailing, meeting expenses, and hotel, travel and per diem of
Commission members. Funds may also be expended for expert travel expenses
and consulting fees, and contracted services for administrative or research needs.
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