Opinion | Michigan cannot miss this moment to lead on criminal justice reform

The Michigan Legislature has the opportunity to become a nationwide leader in criminal justice reform by passing several critical bills. These bills focus on transparency, accountability, and fairness, and they represent significant steps toward reducing wrongful convictions and ensuring justice for all Michiganders. These bills would not only reduce future error but also help those who have already been wronged by the current system. As exonerees and attorneys working to support wrongfully convicted Michiganders every day, we know there is no time to waste.

One of the proposed reforms is an amendment to the Wrongful Imprisonment Compensation Act (WICA). In 2016, Michigan enacted WICA to help exonerees get back on their feet and try to make up for the harm of being incarcerated for crimes they didn’t commit. Unfortunately, confusing language in the law led to many exonerees being denied compensation. House Bill 5431, introduced by Rep. Joey Andrews, would update and clarify WICA by changing the compensation standard from “clear and convincing evidence” to a “preponderance of evidence,” aligning it with the standard for other civil claims. This bill also ensures individuals pardoned on the basis of actual innocence are eligible under WICA, and it clarifies the evidentiary requirements for innocence claims. Such changes are crucial for providing fair compensation to those wrongfully imprisoned, ensuring they receive the justice and support they deserve.

House Bill 5271, introduced by Rep. Kara Hope, gives individuals an opportunity to petition for post-conviction DNA testing in court to prove their innocence even if they pleaded guilty. Michigan currently lags behind 45 other states and the District of Columbia in this regard. Additionally, this bill permits DNA testing requests post-release and removes outdated technological restrictions, making justice more accessible. It changes the standard for a new trial from “clear and convincing” to a “reasonable probability” of a different outcome, bringing it in line with other post-conviction claims. Expanding access to post-conviction DNA testing will go a long way toward freeing the innocent, identifying true perpetrators, and fixing a broken system.

Other bills in the package aim to increase law enforcement transparency and accountability. House Bill 4436, introduced by Rep. Dylan Wegela, would prohibit law enforcement from lying to juveniles during interrogations and would make evidence obtained through deception inadmissible at trial. We know that evidence obtained through deceptive interrogations is less reliable and is a leading cause of wrongful convictions. Over the years, too many children have been sent to prison after being subject to these deceptive techniques, but this legislation would prevent that in the future.

House Bill 4427, introduced by Rep. Stephanie A. Young, would allow prisoners to use the Freedom of Information Act (FOIA) to access their own case records. Innocent prisoners cannot prove their convictions were wrongful when they cannot see their own records.

All together, these reforms represent a commitment to justice, equity, and the integrity of our judicial system. Michigan has the chance to lead by example, demonstrating that it values justice and the rights of all its citizens. The Legislature must seize this moment to enact these critical reforms, ensuring that Michigan stands at the forefront of innocence reform and criminal justice equity. The time for action is now – delays will only prolong the suffering of the wrongfully convicted and undermine public trust in our justice system.