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Wisconsin Wrongful Convictions | Innocence Projects
Video: About the WI Innocence Project
WI Innocence Project News
>> WI Supreme Court requires electronic recording of interrogations in juvenile cases
>> WI Supreme Court
recognizes social science research on eyewitess identification and
implements new rule to reduce risk of mis-identification
>> Remington
Center Partners with Marquette University Law School, Wisconsin
Attorney General, and State Bar of Wisconsin to form Criminal Justice
Study Commission
>> WI Department of Justice
Partners with Remington Center
to Implement New Guidelines for
Eyewitness Identification
>> Professor Findley's Law Review Article: The Multiple Dimensions of Tunnel Vision in Criminal Cases
>> Professor Findley's Law Review Article: The Pedagogy of Innocence
WHAT IS THE WISCONSIN INNOCENCE PROJECT?
In recent years, numerous wrongly convicted individuals have been released from prison after new evidence, often in the form of scientific evidence such as DNA, has established that they were actually innocent. The Wisconsin Innocence Project provides legal assistance to inmates who have provable claims that they were wrongly convicted.
The Wisconsin Innocence Project is a project in the Frank J. Remington Center at the University of Wisconsin Law School. The Project was founded in 1998 and is co-directed by Law Professors Keith Findley and John Pray. At any given time, approximately 20 law students are enrolled in the program. Under the supervision of attorneys, the students investigate and litigate claims of innocence on behalf of prisoners in Wisconsin and elsewhere. There is no cost to the prisoner for the Project's services.
What kind of cases does the Wisconsin Innocence Project take?
The Wisconsin Innocence Project represents prison inmates who claim
to be actually innocent of the crimes for which they are incarcerated.
The Project receives many requests for assistance and must carefully
screen applications, but is able to become involved in only a select
number of cases. Those cases are cases in which there appears to be a
significant chance that substantial new evidence can be found to prove
one's innocence. Generally, the best type of evidence for this purpose
is new physical evidence, such as blood, hair, semen, or prints, that
can be subjected to scientific testing, such as DNA testing. Other
types of new evidence may be eyewitness accounts, or recantations from
a victim, if such a recantation can be supported by other new evidence.
Click here for more information on our case selection criteria.
What kind of case does the Wisconsin Innocence Project NOT take?
The Wisconsin Innocence Project takes cases only after a person has been convicted and all direct appeals have ended or the time for filing a direct appeal has passed. The Project cannot provide assistance to individuals who are awaiting trial or are still pursuing their direct appeals.
The Project does not take cases in which a person is only claiming that his or her rights were violated--there must be a possibility of developing evidence that can actually prove innocence. Because of the difficulty of proving innocence in certain types of cases, the program usually cannot help in the following situations: (1) where a defendant admits to killing (or assaulting) someone, but claims that it was done in self-defense; (2) where a defendant admits to sexual contact with a person, but claims that the person consented to the contact; (3) where a defendant was convicted as an accessory (or as a party-to-the-crime) and seeks to show that he or she did not play a major role in the crime.
The Project also is unable to assist inmates who are currently represented in their criminal case by another attorney.
The Project also cannot take cases in which the person has already served his or her sentence, or generally in which the person has less than seven years left to serve on his or her sentence.
How do I apply to the Wisconsin Innocence Project?
To be considered by the Project, the inmate must complete an APPLICATION FOR ASSISTANCE FORM and forward it to: Wisconsin Innocence Project, University of Wisconsin Law School, 975 Bascom Mall, Madison, WI 53706-1399. The Application form may be requested by writing the project, or is available on the Project's web site (see below). Because of the volume of requests, the Project is unable to respond to requests through emails or phone calls.
When can I expect to hear back from the Wisconsin Innocence Project?
Upon receipt of the completed application form, the Project will send the inmate a letter indicating that the application is complete. Project staff will then read the application form, and make a decision regarding whether to follow up with an interview of the inmate, or take other action. Because of the large volume of applications to the Project, it may take many months before Project staff are able to make a decision. Because of the long wait, applicants may choose to proceed on their own or seek legal assistance from some other source.
Does the Wisconsin Innocence Project take cases from states outside Wisconsin?
The Wisconsin Innocence Project primarily takes cases from individuals wrongly convicted in state and federal courts in Wisconsin. Under extraordinary circumstances, the Project will consider cases from the following neighboring states in the Upper Midwest: Minnesota, Iowa, Illinois, Indiana, and Michigan. The Project will consider cases from outside this region only if DNA evidence is available that can be used to prove innocence, or if there are similarly compelling and exceptional circumstances, AND if there is not innocence project available to provide assistance in the inmate's state. Inmates outside of Wisconsin should attempt to find an Innocence Project nearer to their location. (See the list of Innocence Projects in other states.)
The Wisconsin Innocence Project is a member of:
