•  
  •  
 

Georgia Criminal Law Review

Document Type

Article

Abstract

In hazardous areas, the need for safety measures is self-evident and substantial efforts are dedicated to their implementation. In the criminal justice system, significant hazards exist, notably the wrongful conviction of innocent individuals, but the need for safety mechanisms has not been internalized. One explanation for this oversight is the mistaken belief that the criminal justice system is nearly error-free. Yet, research has consistently demonstrated that wrongful convictions are not uncommon, representing one of the most significant injustices a liberal state can impose on its citizens and residents. Therefore, it is the duty of the state to introduce robust safety measures in criminal law. Advanced safety methodologies must be adopted from other high-risk sectors, such as aviation, transportation, engineering, labor, and medicine. A key approach in these fields is the thorough analysis of accidents and incidents (near-accidents) to derive professional lessons from them. This article introduces the Criminal Justice Safety Team (CJST) model, developed and implemented in Israel, drawing inspiration from the American Sentinel Event Review (SER) model. The article outlines a theoretical framework that combines safety insights from aviation and engineering with research on the criminal justice system. It then presents and analyzes the CJST model, which includes a diverse membership of police investigators, forensic science experts, prosecutors, defense attorneys, academics, and retired judges. The team analyzes real-life incidents, particularly those on the brink of resulting in wrongful convictions. The objective is not to assign blame but to derive lessons and recommend strategies to enhance the safety of the criminal justice system. Building on the legal safety theory introduced in the article and drawing on practical experience in both the US and Israel, the article proposes the establishment of a National Institute for Safety in the Criminal Justice System.

Share

COinS