The Innocence Protection Act addresses these problems head on. It calls for the creation of a temporary Commission on Capital Representation, which would consist of distinguished American legal experts who have experienced the criminal justice system first hand prosecutors, defense lawyers, and judges. The Commission would be tasked with formulating standards that specify the elements of an effective system for providing adequate representation in capital cases. We have consulted a great many legal experts in the course of formulating these provisions. They have all provided valuable insights, but as a former prosecutor myself, I have been particularly pleased with the encouragement and assistance we have received from prosecutors across the nation.
Good prosecutors have two things in common.
First, good prosecutors want to convict the right person, not to get a conviction that may be a mistake, and that may leave the real culprit in the clear. Second, good prosecutors want defendants to be represented by good defense lawyers. Lawyers who investigate their clients cases thoroughly before trial, and represent their clients vigorously in court, are essential in getting at the truth in our adversarial system. Given some leadership from the people s representatives in Congress, some fair and objective standards, and some funding, America s prosecutors will be ready, willing and able to help fix the system. We owe them, and the American people, that leadership.