Essentially, Innocence Projects are pro-bono student-staffed legal clinics that operate throughout the U.S. and the world to overturn wrongful convictions and thus right the wrongs done by the criminal justice system. The original Innocence Project is headquartered at the Benjamin N. Cardozo School of Law at Yeshiva University and was created by Barry C. Scheck and Peter J. Neufeld in 1992. Since then, similar clinics have formed across the country and the globe; these clinics together make up the Innocence Network, which was officially established in 2005 and now has 65 members. Many of these Projects function in different ways, with different organizational structures and criteria for accepting cases. The Arizona Innocence Project is unique because it is headquartered at Northern Arizona University, which doesn't have a law school. At most other clinics, law students conduct case research, but at AIP a select group of undergraduate students perform case research. AIP investigates both DNA and non-DNA cases with claims of actual innocence.
The Innocence Project over time has also grown to become a policy advocacy organization, advocating to reform the criminal justice system to prevent wrongful convictions.
Resources provided by Innocence Projects include: experts, investigators, legal representation, money required to conduct DNA testing, etc.
Many independent attorneys work with Innocence Projects to litigate cases.
In 2004, Congress passed the Justice for All Act. Title IV of this Act is an Innocence Protection Act, which provides some federal grants for innocence work through the National Institute of Justice. These grants, even in combination with state grants and community donations, are not long term sources of funding nor are they sufficient. This means that many Projects are forced to spend vast amounts of time scrambling for funding rather than performing innocence work.
Every time someone is exonerated, it saves the government $40,000-60,000 a year in housing costs.
Innocence Projects give students hands-on experience with case investigation and allow them to gain a greater understanding of the ins-and-outs of the criminal justice system.
The cases litigated by Projects highlight flaws within the criminal justice system and can provide powerful platforms for systematic reform.
It should be clear that the work performed by Innocence Projects is absolutely critical and life-saving. A recent study published by the Proceedings of the National Academy of Sciences estimates that one in twenty-five death row convicts were convicted wrongfully:
"The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. There is no systematic method to determine the accuracy of a criminal conviction; if there were, these errors would not occur in the first place. As a result, very few false convictions are ever discovered, and those that are discovered are not representative of the group as a whole. In the United States, however, a high proportion of false convictions that do come to light and produce exonerations are concentrated among the tiny minority of cases in which defendants are sentenced to death. This makes it possible to use data on death row exonerations to estimate the overall rate of false conviction among death sentences. The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution, but most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply. We use survival analysis to model this effect, and estimate that if all death-sentenced defendants remained under sentence of death indefinitely, at least 4.1% would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States."
I hope that gives more information about what Innocence Projects are, what they do, and why they're so important. Look for another post soon!
Hi Mia,
ReplyDeleteI find it interesting the AIP is housed at NAU without a law school. Do ASU and UofA host similar programs? Why did the program initially form at NAU?
Best,
Ms. Hartman
Hi Ms. Hartman,
DeleteIt is unusual that AIP functions outside of a law school. AIP originally formed in 2002 due to faculty initiative within the Department of Criminology and Criminal Justice. The Project has received lots of support from non-affiliated attorneys within the Flagstaff community who help with the Project's caseload.
ASU and UofA both have innocence clinics, though they are not designated as Innocence Projects and are not members of the Innocence Network. They are the Post-Conviction Clinic within Sandra Day O’Connor School of Law and the James E. Rogers College of Law’s Wrongful Conviction Clinic, respectively. The Arizona Justice Project is another organization that deals with wrongful convictions in the state.
Hope that helps,
Mia
What difficulties are you finding in your research? What kind of research do you end up performing most of the time?
ReplyDeleteSo far, I've been doing lots of literature review, I've met with professors and community members with insight regarding my project, I've begun working on outreach materials, and I've been analyzing a lot of data from the Arizona Department of Corrections and court records to determine people who could potentially benefit from AIP's resources. In general, the data from ADC is really hard to parse through and can be difficult to access at times. Court records are also difficult because depending on the court and the county, not all of the information is posted online or it is posted in a haphazard, confusing way.
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