Abbreviation | IJC |
---|---|
Formation | 1999 |
Type | Non-profit organization |
Purpose | IJC provides representation to individuals who are wrongfully convicted with a goal of securing their release from prison. |
Headquarters | California Western School of Law |
Location |
|
Region | California |
Services | Pro Bono legal services |
Executive Director | Amy Kimpel |
Website | https://cwsl.edu/experiential_learning/clinics/california_western_innocence_and_justice_clinic.html |
Formerly called | California Innocence Project |
The California Western Innocence and Justice Clinic (IJC) (formerly known as California Innocence Project) is a non-profit based at California Western School of Law (CWSL) in San Diego, California, United States, that provides pro bono representation to individuals who are wrongfully convicted with a goal of securing their release from prison.
The California Innocence Project was founded in 1999 at California Western School of Law in San Diego, California by Director Justin Brooks and Law Professor Jan Stiglitz. CIP was the fourth innocence project to form in the United States as part of the national innocence movement.
In May 2023, Justin Brooks announced his departure from both California Western School of Law and California Innocence Project.
Alissa Bjerkhoel began as Interim Director after Brook's departure and, in November 2023, was appointed to the judiciary.
In June 2024, the clinic (formerly known as the California Innocence Project) was renamed California Western Innocence and Justice Clinic (IJC).
Megan Baca of the California Innocence Advocates (Cal-IA) and her team partnered with CWSL and IJC to continue running the clinic until the newly hired executive director could arrive in July 2024.
In July 2024, Amy Kimpel began as the executive director of IJC and continues to partner with Baca's team at Cal-IA.
IJC screens approximately 2,000 claims of wrongful conviction annually. Applicants must be incarcerated and must have at least four years remaining on their sentence. In such cases, new, strong evidence of innocence must exist. IJC only accepts cases where the conviction occurred in the following Southern California counties:
IJC is a law school clinical program. Cases are screened by students. IJC will review a case post-conviction and post-sentencing. IJC will not provide legal assistance during the time of pre-trial or trial.
IJC has aided in the release of the following incarcerated individuals:
Brian Banks was exonerated in 2012 after his accuser recanted her testimony that Banks raped and kidnapped her. Faced with a possible 41 years to life sentence, he accepted a plea deal that included five years in prison, five years of probation, and registering as a sex offender. [1] The California Innocence Project (now IJC) took on the case after Banks came to the project with compelling evidence of innocence. After several months of investigation, the Los Angeles District Attorney agreed to dismiss the case against Banks. [2]
Daniel Larsen was exonerated in 2010 yet remained incarcerated until March 19, 2013 because the California Attorney General, Kamala Harris, continued to appeal. [3] The California Innocence Project (now IJC) began representing Larsen in 2002.In 2010, a judge ordered Larsen's release, finding that he was "actually innocent" of the crime and that Larsen's constitutional rights were violated.Despite the ruling, Larsen remained in prison for two more years while the state attorney general challenged the judge's ruling because Larsen had missed the appeal deadline. [4] In 2013 the 9th U.S. Circuit Court of Appeals upheld the lower court ruling and freed Larsen after 14 years in prison. [5] [6]
Jason Puracal was exonerated in 2012 after an appeals court overturned his 22-year sentence in a Nicaragua maximum-security prison. Despite lack of evidence, Puracal was arrested November 2010 in San Juan del Sur and convicted of money-laundering, drug charges, and organized crime in August 2011. [7] The California Innocence Project (now IJC) helped bring Puracal's case before a three-judge appellate panel in August 2012. On September 12, 2012, he was acquitted of all charges and ordered released. [8]
Timothy Atkins, Rafael Madrigal, Uriah Courtney, and Marilyn Mulero.
On April 27, 2013, CIP staff and supporters began the Innocence March, a 712-mile, two-month-long walk from the California Western School of Law in San Diego to Sacramento, where they presented Governor of California Jerry Brown with clemency petitions for 'The California 12.' In each of these inmates' cases, attorneys had exhausted all legal recourse despite compelling evidence of innocence. [9]
Some of these clients had been found innocent by a judge, yet remained incarcerated for a while, although as of 2020 only one remains in prison. [10] The Innocence March ended June 20, 2013, at the steps of the California State Capitol building in Sacramento. Following a rally attended by more than 100 supporters, attorneys from the California Innocence Project met with a staff delegation from the office of Governor Jerry Brown to plead for clemency for The California 12, and to call attention to wrongful convictions and contributing causes, such as flawed eyewitness identification and faulty science. [11]
In 2020, the incumbent Governor of California Gavin Newsom granted clemency to dozens of prisoners, including four from the California 12, so only one, Edward Contreras, remains incarcerated.
Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocate for criminal justice reform to prevent future injustice. The group cites various studies estimating that in the United States between 1% and 10% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld who gained national attention in the mid-1990s as part of the "Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
Darryl Hunt was an African-American man from Winston-Salem, North Carolina, who, in 1984, was wrongfully convicted and sentenced to life imprisonment for the rape and the murder of Deborah Sykes, a young white newspaper copy editor. After being convicted in that case, Hunt was tried in 1987 for the 1983 murder of Arthur Wilson, a 57-year-old black man of Winston-Salem. Both convictions were overturned on appeal in 1989. Hunt was tried again in the Wilson case in 1990; he was acquitted by an all-white jury. He was tried again on the Sykes charges in 1991; he was convicted.
Peter J. Neufeld is an American attorney, co-founder, with Barry Scheck of the Innocence Project, and a founding partner in the civil rights law firm Neufeld Scheck & Brustin. Starting from his earliest years as an attorney representing clients at New York's Legal Aid Society, and teaching trial advocacy at Fordham School of Law from 1988 to 1991, he has focused on civil rights and the intersection of science and criminal justice.
Anthony Porter was a Chicago resident known for having been exonerated in 1999 of the murder in 1982 of two teenagers on the South Side of the city. He was convicted and sentenced to death in 1983, and served 17 years on death row. He was exonerated following introduction of new evidence by Northwestern University professors and students from the Medill School of Journalism as part of their investigation for the school's Innocence Project. Porter's appeals had been repeatedly rejected, including by the US Supreme Court, and he was once 50 hours away from execution.
The Innocent Man: Murder and Injustice in a Small Town is a 2006 true crime book by John Grisham, his only nonfiction title as of 2020. The book tells the story of Ronald 'Ron' Keith Williamson of Ada, Oklahoma, a former minor league baseball player who was wrongly convicted in 1988 of the rape and murder of Debra Sue Carter in Ada and was sentenced to death. After serving 11 years on death row, he was exonerated by DNA evidence and other material introduced by the Innocence Project and was released in 1999.
This is a list of notable overturned convictions in the United States.
Walter "Johnny D." McMillian was a pulpwood worker from Monroeville, Alabama, who was wrongfully convicted of murder and sentenced to death. His conviction was wrongfully obtained, based on police coercion and perjury. In the 1988 trial, under a controversial Alabama doctrine called "judicial override", the judge imposed the death penalty, although the jury had voted for a sentence of life imprisonment.
Jon-Adrian Velazquez also known as "JJ" Velazquez, is an American legal reform activist and actor who was wrongfully convicted of a 1998 murder of a retired police officer. He was serving a 25 years to life sentence at maximum security Sing-Sing prison in New York. His case garnered considerable attention from the media ten years after his conviction, due to a long-term investigation by Dateline NBC producer Dan Slepian and celebrity support from actor Martin Sheen, actress Alfre Woodard, music executive Jason Flom, and entertainment company Roc Nation.
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit, including in the face of a plausible chance at release.
The National Registry of Exonerations is a project of the University of Michigan Law School, Michigan State University College of Law and the University of California Irvine Newkirk Center for Science and Society. The Registry was co-founded in 2012 with the Center on Wrongful Convictions at Northwestern University School of Law to provide detailed information about known exonerations in the United States since 1989. As of February 6, 2020, the Registry has 2,551 known exonerations in the United States since 1989. The National Registry does not include more than 1,800 defendants cleared in 15 large-scale police scandals that came to light between 1989 and March 7, 2017, in which officers systematically framed innocent defendants.
Brian Keith Banks is a former American football player. He signed with the Atlanta Falcons of the National Football League (NFL) on April 3, 2013. Banks signed as an undrafted free agent with the Las Vegas Locomotives of the United Football League (UFL) in 2012.
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights.
Thomas Haynesworth is a resident of Richmond, Virginia, who served 27 years in state prison as a result of four wrongful convictions for crimes for which he was exonerated in 2011.
The Illinois Innocence Project, a member of the national Innocence Project network, is a non-profit legal organization that works to exonerate wrongfully convicted people and reform the criminal justice system to prevent future injustice.
Anthony Charles Graves is the 138th exonerated death row inmate in America. With no record of violence, he was arrested at 26 years old, wrongfully convicted, and incarcerated for 18 years before finally being exonerated and released. He was awarded $1.4 million for the time he spent imprisoned, and the prosecutor who put him in prison was ultimately disbarred for concealing exculpatory evidence and using false testimony in the case.
Michael "Mike" Semanchik is the Executive Director of The Innocence Center (TIC) and former Managing Attorney at the California Innocence Project (CIP). As part of his work with CIP, he has been involved in many cases involving the exoneration of previously convicted prisoners, working closely with the organization's director, Justin Brooks, and also preparing petitions for many of CIP's clients. After working at CIP while still a law student at California Western School of Law, following graduation in 2010 he became an investigator and then a staff attorney there.
Alissa Leanne Bjerkhoel is an American litigation coordinator at the California Innocence Project (CIP), a law school clinic that investigates cases of factual innocence while training law students. Bjerkhoel was born in Truckee, California, and later graduated from California Western School of Law (CWSL) after previously obtaining a B.A. degree She has been an attorney with CIP since 2008. Bjerkhoel has served as counsel for CIP on numerous criminal cases, and achieved the legal exoneration of a number of convicted prisoners. Bjerkhoel serves as CIP's in-house DNA expert and also serves as a panel attorney with the nonprofit law firms Appellate Defenders, Inc. (ADI) and Sixth District Appellate Program (SDAP). She is a member of the American Academy of Forensic Sciences. Bjerkhoel has won a number of awards.
Lara Bazelon is an American academic and journalist. She is a law professor at the University of San Francisco School of Law where she holds the Barnett Chair in Trial Advocacy and directs the Criminal & Juvenile and Racial Justice Clinics. She is the former director of the Loyola Law School Project for the Innocent in Los Angeles. Her clinical work as a law professor focuses on the exoneration of the wrongfully convicted.