Steven Drizin

Last updated
Steven Drizin
Born
Alma mater
OccupationsCo-founder, Center on Wrongful Convictions of Youth;
Known forscholarship on police interrogations and false confessions
Websitecwcy.org

Steven A. Drizin is an American lawyer and academic. He is a Clinical Professor of Law at the Northwestern University Pritzker School of Law in Chicago, where he has been on the faculty since 1991. [1] At Northwestern, Drizin teaches courses on Wrongful Convictions and Juvenile Justice. [2] He has written extensively on the topics of police interrogations and false confessions. [3] Among the general public, Drizin is known for his ongoing representation of Brendan Dassey, one of the protagonists in the Netflix documentary series, Making a Murderer. [4]

Contents

Early life and career

Drizin was born in Philadelphia, Pennsylvania. Both his parents worked as teachers in the School District of Philadelphia. In 1983, he graduated from Haverford College with a B.A. in Political Science. [5] In 1986, he earned a J.D. from Northwestern University Pritzker School of Law in Chicago. At Northwestern, Drizin served as Editor-in-Chief for the Journal of Criminal Law and Criminology from 1985-1986.

Upon completing his Juris Doctor, Drizin worked for a few years in commercial litigation at the Chicago-based law firm Sachnoff & Weaver. [6] Sachnoff & Weaver later merged with the firm Reed Smith. [7] In 1988, Drizin left Sachnoff to clerk for Judge Ilana Rovner, who at that point in her career was on the bench at the United States District Court for the Northern District of Illinois.

In 1991, Drizin returned to his alma mater to become a supervising attorney at the Children and Family Justice Center at Northwestern Law's Bluhm Legal Clinic. [8] From 2005-2013, he took over as Legal Director of the Clinic's Center on Wrongful Convictions. [9] From 2013-2017, Drizin served as the Assistant Dean of the Bluhm Legal Clinic. [10] In addition to teaching Northwestern law students how to represent wrongfully convicted clients in post-conviction proceedings, Drizin is a prominent criminal justice reform advocate. In 2004, Drizin co-authored an amicus brief that played a role in the United States Supreme Court’s landmark decision Roper v. Simmons , which abolished the juvenile death penalty. [11]

His policy work also involves working with state governments around the country to require law enforcement agencies to electronically record all custodial interrogations. [12] As mentioned in Making a Murderer, in 2005, Drizin filed a non-party brief in the case of State vs Jerrell C.J, a Wisconsin Supreme Court case which mandated the electronic recording of all interrogations of minors in that state. [13]

Center on Wrongful Convictions of Youth

In 2008, Drizin co-founded the Center on Wrongful Convictions of Youth (CWCY), the nation's first innocence project dedicated to the representation and advocacy of wrongfully convicted children and adolescents. [14] A joint enterprise between the Center on Wrongful Convictions and the Children and Family Justice Center, the Center currently represents Brendan Dassey and has successfully exonerated over 20 wrongfully convicted juveniles. [15]

The CWCY is active in the areas of appellate litigation, juvenile policy reform, interrogation processes, and the enforcement of juvenile constitutional protections. [16] The Center on Wrongful Convictions of Youth represents many juveniles who have falsely confessed to a crime they have not committed, and are prominent collaborators in the juvenile justice space. Drizin and Co-Director Laura Nirider have authored numerous amicus curiae briefs, and conducted professional training in the area of false confessions and interrogation practices for legal professionals including judges, attorneys, and the greater law enforcement community. [17]

Notable federal appellate cases

Brendan Dassey v Michael Dittman: 201 F. Supp. 3d 963 (E.D. Wi. 2016)(federal habeas corpus decision granting relief to 16-year-old Dassey, who gave “involuntary” confession), aff’d 860 F.3d 933 (7th Cir. 2017), rehearing en banc granted and district court’s grant of habeas relief reversed, 877 F.3d 297 (7th Cir. 2017). [18]

Montgomery v. Louisiana : 577 U.S. ___, 136 S. Ct. 718 (2016)(co-authored amicus brief on behalf of juvenile advocacy organizations arguing that Miller v. Alabama’s holding abolishing mandatory life without parole sentences is retroactive) [19]

J. D. B. v. North Carolina : 564 U.S. 261 (2011)(co-authored amicus brief concerning juvenile false confessions that was cited by the US Supreme Court in majority opinion). [20]

Pre-Roper minimum ages for executions by state
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No capital punishment
Minimum age of 18
Minimum age of 17
Minimum age of 16 Minimum age for execution by US state, pre2005.svg
Pre-Roper minimum ages for executions by state
  No capital punishment
  Minimum age of 18
  Minimum age of 17
  Minimum age of 16

Roper v. Simmons : 543 U.S. 551 (2005) (joined the Juvenile Law Center, Amnesty International, and other organisations representing over 50 child welfare, juvenile justice, and juvenile advocacy organisations in a landmark juvenile death penalty case. The US Supreme Court determined that it was unconstitutional to impose the death penalty on juveniles under the age of 18 as a result. [21]

U.S. ex rel A.M. v. Butler: 2002 WL 1348605 (N.D. IIl. June 19, 2002)(federal habeas decision vacating murder conviction of 11-year-old minor). Argued and briefed before United States Seventh Circuit Court of Appeals September 2004. Conviction reversed in published opinion A.M. v. Butler, 360 F.3d 787 (7th Cir (Ill.), Mar 2, 2004) [22]

U.S. ex rel. Hardaway v. Young: 162 F. Supp.2d 1005 (N.D.Ill. Sep 13, 2001) (NO. 01 C 3963) judgment reversed by Hardaway v. Young, 302 F.3d 657 (7th Cir.(Ill.) 2002) (federal habeas corpus decision concerning the involuntariness of juvenile confessions) [23]

Yarborough v. Alvarado : 541 U.S. 652 (2004) (was co-author to an amicus brief with the Juvenile Law Center in police interrogation case involving a juvenile before the US Supreme Court - the Miranda test). [24]

Notable state appellate cases

State v. Jerrell C.J: No. 02-3423, Wisconsin Court of Appeals and Wisconsin Supreme Court (2003) Authored an amicus brief in the reversal of an armed robbery conviction of a juvenile defendant. The opinion mandated a new rule requiring that all custodial interrogations of juveniles must be electronically recorded. [25]

People of the State of New York v. David McCallum: A juvenile who falsely confessed at age 16 to a 1985 murder was exonerated after post-conviction proceedings in 2014 by King’s County District Attorney’s Office’s Conviction Review Unit. [26]

Michigan v. Davontae Sanford: 14-year-old developmentally impaired juvenile who falsely confessed after two days of interrogation to a quadruple murder in Detroit was exonerated in 2016. [27]

People of the State of Illinois v. Terrill Swift, et al: 17-year-old who falsely confessed to a 1995 murder was exonerated by DNA evidence in January 2012.(Englewood Four) [28] [29]

People of the State of Illinois v. Robert Taylor, et al: 14-year-old adolescent who falsely confessed to a 1991 murder exonerated by DNA evidence in November 2011, freeing Taylor and four co-defendants.(Dixmoor Five) [30] [31]

People of the State of Illinois v. John Horton: 17-year-old who falsely confessed to a murder in 1993 was exonerated in 2017 after serving 23 years as appellate court tosses conviction and state decides not to retry. [32]

People of the State of Illinois v. Justin Doyle: In 2017 Governor Bruce Rauner granted clemency to Justin Doyle who was convicted under the Illinois felony murder rule in 2008, commuting a 30-year sentence to 9 years of time-served. [33]

Author

Drizin has authored a catalogue of law review articles, [36] books chapters, [37] psychological journal articles, [38] book reviews, position papers, and newspaper and magazine articles, essays, [39] and Op-eds for both national and international publications.

Recognition

Film

Podcasts

See also

Related Research Articles

The Reid technique is a method of interrogation. The system was developed in the United States by John E. Reid in the 1950s. Reid was a polygraph expert and former Chicago police officer. The technique is known for creating a high pressure environment for the interviewee, followed by sympathy and offers of understanding and help, but only if a confession is forthcoming. Since its spread in the 1960s, it has been a mainstay of police procedure, especially in the United States.

<span class="mw-page-title-main">Miscarriage of justice</span> Conviction of a person for a crime that they did not commit

A miscarriage of justice occurs when a grossly 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.

Steven Allan Avery is an American convicted murderer from Manitowoc County, Wisconsin, who had previously been wrongfully convicted in 1985 of sexual assault and attempted murder. After serving eighteen years of a thirty-two-year sentence, Avery was exonerated by DNA testing and released in 2003, only to be charged with murder two years later.

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.

A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced through coercive interrogation techniques. When some degree of coercion is involved, studies have found that subjects with highly sophisticated intelligence or manipulated by their so called "friends" are more likely to make such confessions. Young people are particularly vulnerable to confessing, especially when stressed, tired, or traumatized, and have a significantly higher rate of false confessions than adults. Hundreds of innocent people have been convicted, imprisoned, and sometimes sentenced to death after confessing to crimes they did not commit—but years later, have been exonerated. It was not until several shocking false confession cases were publicized in the late 1980s, combined with the introduction of DNA evidence, that the extent of wrongful convictions began to emerge—and how often false confessions played a role in these.

<span class="mw-page-title-main">Northwestern University Pritzker School of Law</span> Law school in the United States

Northwestern University Pritzker School of Law is the law school of Northwestern University, a private research university. The law school is located on the university's Chicago campus. Northwestern Law is among the top ten most selective law schools and belongs to the T14, an unofficial designation accepted in the legal community as the best 14 law schools in the United States.

Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents say that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty.

Rob Warden is a Chicago legal affairs journalist and co-founder of three organizations dedicated to exonerating the innocent and reforming criminal justice: the Center on Wrongful Convictions at Northwestern University Pritzker School of Law, the National Registry of Exonerations at the University of California-Irvine, and Injustice Watch, a non-partisan, not-for-profit, journalism organization that conducts in-depth research exposing institutional failures that obstruct justice and equality. As an investigative journalist in the 1970s, he began focusing on death penalty cases, which led to a career exposing and publicizing the injustices and misconduct in the legal system. Warden's work was instrumental in the blanket commutation of death row cases in Illinois in 2003 and in the abolition of the Illinois death penalty in 2011.

Richard Jason Ofshe is an American sociologist and professor emeritus of sociology at the University of California, Berkeley. He is known for his expert testimony relating to coercion in small groups, confessions, and interrogations.

Amy's Law is a Georgia state law passed in response to outrage generated when a twelve-year-old boy convicted of murdering Amy Yates was sentenced to two years in juvenile prison, the maximum penalty allowed for minors in Georgia at the time. Unanimously passed by the Georgia Senate in 2006, Amy's Law permits sentencing juveniles to incarceration until age 21 if convicted of murder.

The Norfolk Four are four former United States Navy sailors: Joseph J. Dick Jr., Derek Tice, Danial Williams, and Eric C. Wilson, who were wrongfully convicted of the 1997 rape and murder of Michelle Moore-Bosko while they were stationed at Naval Station Norfolk. They each declared that they had made false confessions, and their convictions are considered highly controversial. A fifth man, Omar Ballard, confessed and pleaded guilty to the crime in 2000, insisting that he had acted alone. He had been in prison since 1998 because of violent attacks on two other women in 1997. He was the only one of the suspects whose DNA matched that collected at the crime scene, and whose confession was consistent with other forensic evidence.

Joseph H. Burrows was wrongfully convicted of the murder of farmer William E. Dulan at his home in Iroquois County, Illinois, in 1988. After his conviction and sentence to death in 1989, Burrows was held for nearly five years on death row.

Saul Kassin is a distinguished professor of psychology at John Jay College of Criminal Justice - City University of New York and Massachusetts Professor Emeritus of Psychology at Williams College in Williamstown, Massachusetts.

Gary Gauger is a formerly imprisoned convict, who was falsely accused and convicted of the murders of his parents, Morris and Ruth Gauger, and later exonerated. Following the murder on April 8, 1993, Gauger ultimately spent nearly two years in prison and 9 months on death row before being released in March 1996.

J.D.B. v. North Carolina, 564 U.S. 261 (2011), was a case in which the Supreme Court of the United States held that age and mental status is relevant when determining police custody for Miranda purposes, overturning its prior ruling from seven years before. J.D.B. was a 13-year-old student enrolled in special education classes whom police had suspected of committing two robberies. A police investigator visited J.D.B. at school, where he was interrogated by the investigator, a uniformed police officer, and school officials. J.D.B. subsequently confessed to his crimes and was convicted. J.D.B. was not given a Miranda warning during the interrogation, nor an opportunity to contact his legal guardian.

<i>Making a Murderer</i> 2015 American true crime documentary series

Making a Murderer is an American true crime documentary television series written and directed by Laura Ricciardi and Moira Demos. The show tells the story of Steven Avery, a man from Manitowoc County, Wisconsin, who served 18 years in prison (1985–2003) after his wrongful conviction for the sexual assault and attempted murder of Penny Beerntsen. He was later charged with and convicted of the 2005 murder of Teresa Halbach. The connected story is that of Avery's nephew Brendan Dassey, who was accused and convicted as an accessory in the murder of Halbach.

Brendan Ray Dassey is an American convicted murderer from Manitowoc County, Wisconsin, who at 16 confessed to being a party to first-degree murder, mutilation of a corpse, and second-degree sexual assault. He was sentenced to life in prison with the earliest possibility of parole in 2048. His videotaped interrogation and confession, which he recanted at trial, substantially contributed to his conviction. Parts were shown in the Netflix documentary series Making a Murderer (2015). The series examined the 2005–2007 investigation, prosecution, and trials of Dassey and his uncle, Steven Avery, both of whom were convicted of murdering the photographer Teresa Halbach on October 31, 2005.

The Center on Wrongful Convictions of Youth, part of Northwestern University Pritzker School of Law's Bluhm Legal Clinic, is a non-profit legal clinic that represents children who have been convicted of crimes they did not commit. Founded by Northwestern Law Professor Steven Drizin and directed by Professor Laura Nirider, it is the first organization in the world to focus exclusively on wrongfully convicted children. Through its intertwined research, scholarship, teaching, and advocacy, the Center has developed expertise in the problem of false confessions, police interrogation practices, and constitutional doctrine governing the interrogation room.

Laura Nirider is an American attorney and legal scholar working as an associate professor of law and the co-director of the Center on Wrongful Convictions at Northwestern University Pritzker School of Law. An expert on false confessions, Nirider specializes in representing young people who confessed to crimes they did not commit, and working to reform the process of police interrogation. Nirider's work gained international visibility following her involvement in several high-profile cases involving juvenile confessions. Her clients have included Brendan Dassey, whose case was profiled on the Netflix documentary Making a Murderer, and Damien Echols of the West Memphis Three, whose case was profiled on the HBO series Paradise Lost and the documentary West of Memphis. She also hosts a podcast on false confessions, entitled Wrongful Conviction: False Confessions.

George Whitmore Jr. was an African American man who was charged but later cleared of the infamous Career Girls Murders of 1963. "The Supreme Court cited Mr. Whitmore’s case as “the most conspicuous example” of police coercion when it issued its 1966 ruling in Miranda v. Arizona, establishing a set of protections for suspects, like the right to remain silent."

References

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