PROFESSIONALISM COMMITTEE

THE ARC..(OF) THE MORAL UNIVERSE...BENDS TOWARDS JUSTICE

BUT WE HAVE TO WORK FOR IT

BY DEBORRAH L. NEWTON | NEWTON LAW | BOARD CERTIFIED SPECIALIST, FEDERAL & STATE CRIMINAL LAW

TAKE A MOMENT ... think about what life is like for the innocent wrongfully convicted:

Imagine going to bed tonight, but instead of petting the kitten and getting the dog settled on his corner of your bed before you snuggle in to watch tv, relax and hug your wife or husband before you drift off to sleep, you close your eyes to the sound of metal bars clanging shut and lights going out down the block. Now ... imagine being there, night after night, for a crime you did not commit. No pet, no warm bed, no peace. Innocent. Not guilty. Wrongful conviction. Failed appeals. Justice denied.

When Justice eludes our efforts, it is an affront to morality, requiring response.

“The Arc of the Moral Universe ... Bends Towards Justice”1 is an abbreviation derived from a sermon delivered in 1853 by abolitionist Theodore Parker. Minister Parker studied at Harvard Divinity School in 1810, and was a transcendentalist and minister in the Unitarian church. In that sermon giving birth to the abbreviated quote, he actually said:

“I do not pretend to understand the moral universe. The arc is a long one. My eye reaches but little ways. I cannot calculate the curve and complete the figure by experience of sight. I can divine it by conscience. And from what I see I am sure it bends toward justice.”

We do Minister Parker an injustice to abbreviate his modest thoughtfulness. That is because, by doing so, we run the risk of insouciance. If we believe Justice (depending on your definition of that will inevitably win out, we may not be as vigilant in its pursuit.

I raise this issue by way of lauding all those who do pursue justice actively, cautioning complacency. No matter your inclinations towards prosecution, or defense, it is an undeniable truth that no moral person will agree that the imprisonment, or death, of an innocent convicted meets the at times elusive demands of justice. In unison with that concept, all battles, personal or political, must submit to the effort to seek truth for that innocent in jeopardy.

In the often tortured path to the truth, many anonymous actors perform their part in selfless dedication. Let me explain:

In the halls of justice, the moral arc begins with an act, by someone, offending decency and our human moral contract with each other. It often ends with anguish, whether the criminal actor is rightly pursued or whether an innocent is wrongfully convicted. We are as a society satisfied with the first, and aggrieved collectively with the latter.

In between, those who choose to devote their lives to the stability of this moral contract proceed well intentioned. At every stage - investigation, prosecution, grand jury, defense, jury, judgment, incarceration, and appeal - hours, effort, intellect and sacrifice of personal time are devoted. And we struggle to seek Justice, always with the ghost of mistakes past riding on our shoulders.

When we do fail in our all too human endeavor at justice, the moral compass leads us forward down yet another road to the Truth. Sometimes DNA provides the relief; sometimes uncovered evidence sheds light; sometimes it is a long awaited confession; and sometimes it is too late. During this unintended circumstance, personal suffering by the innocent convicted - and the family who should have enjoyed their company - is a daily burden. Compensation can never soothe that kind of horror.

Fortunately, in North Carolina we offer remedy.

Recognizing the inevitable frailty of a human justice system, in North Carolina in 1999 Chief Justice I. Beverly Lake, Jr., urged by his Law Clerk Chris Mumma, realized that justice may require more than our legal precedents and statutes provided for. It requires a safety valve as insurance against wrongful imprisonment or execution. Since 1999, North Carolina has seen multiple fine organizations step up who participate in providing a “safety valve” to the wrongfully convicted. While some are advocacy agencies who pursue Justice from a purely defense perspective, like the “North Carolina Center On Actual Innocence” whose work follows in the lauded footsteps of the “Innocence Project” formed in 1992 by Barry Scheck and Peter Neufeld2 in New York, Justice Lake envisioned a different remedy. The commission Justice Lake convened, the North Carolina Innocence Inquiry Commission (NCIIC), is an unbiased coalition representing all parties involved in a criminal case.

The NCIIC is comprised of two parts: staff who investigate claims of actual innocence by prisoners who come to the NCIIC, and Commissioners from each represented segment of the justice process who hear the case the staff presents and decide whether the claim proceeds to a hearing before a three judge panel. This unique, and rigorous, vetting process seeks to give due respect to the prior jury proceeding, while it also offers opportunity for a second review by the uniquely qualified professionals seated. Short of appealing to the Governor of North Carolina, who wields the power of Executive Pardons,

2 Quoting The Innocence Project: A Short History Since 1983 March, 18, 2018, Rory O’Sullivan: “Gary Dotson [wrongfully convicted of rape] became the first person exonerated based on DNA evidence. In 1992, [Barry] Scheck and [Peter] Neufeld founded the Innocence Project so that they could work on wrongful convictions in a more systematic manner. Initially, the Innocence Project was a clinic at the Cardozo School of Law in New York City. In 2004, after 12 years and approximately 150 exonerations, the Innocence Project became an independent nonprofit although it remains affiliated with Cardozo School of Law. Other innocence projects have sprung up around the country and around the world. In 1997, Professor Jacqueline McMurtrie founded the Innocence Project Northwest at the University of Washington School of Law which has been responsible for the exoneration of 14 wrongly convicted individuals in Washington State. The Innocence Project Northwest is a member of the Innocence Network, an organization that connects the nearly 70 innocence project organizations worldwide.”

the NCIIC is truly the only safety valve. Through the work of the commission staff, and all advocacy groups who participate in the process, hope is offered for the innocent wrongfully convicted.

While we who work in the justice system strive, and often lose sleep and time with our families, to employ our training in our best efforts to aid in the search for the truth, when we nevertheless fail, the “Arc of the Moral Universe” is guided in its journey by the vision of all those wise men and women who knew a safety valve was required, and who pursue its cause with relentless focus and energy.

A nd while we may not be able to see over the long arc of the moral universe, as Minister Parker so astutely observed, vision is aided by all those who continue to pursue the truth.

In the cause of justice, I personally believe there is no more noble calling than that of pausing, turning to listen to the anguish of the innocent convicted and imprisoned, and offering time, consideration and ... hope.

We must all be vigilant to ensure the North Carolina Innocence Inquiry Commission is responsibly supported and remains available to provide an attainable process to seek justice for the wrongfully convicted. WBF

Upcoming YLD Events

Connections Mentorship Program Interest Social Wednesday, August 18 | 5 p.m. Tobacco Road (505 W. Jones St., Raleigh) Attorneys within their first three years of practice are invited to a protégée interest social to hear more about the program and experiences from past participants.

Summer Clerk Day of Service Thursday, August 12 | 1-4 p.m. Food Bank of Central & Eastern North Carolina Join the YLD Public Service Committee for a great opportunity to serve our community and connect with summer clerks and practicing young attorneys as summer comes to a close.

Expunction Day at Blanchard Community Law Clinic Training: Thursday, August 19 | 3 - 5 p.m. Event: Saturday, September 11 | 9 a.m. - 3 p.m. The YLD Pro Bono Committee is seeking YLD members to assist the Blanchard Community Law Clinic with an in-office expunction day. No prior expunction experience is required. Two hours of CLE credit will be awarded for attending the training.