Thursday, July 24, 2008

Case Criteria

Members from Innocence Project of Minnesota's (IPMN) Board of Directors review initial inmate wrongful conviction claims and evaluate the presence and probability of actual innocence. The process includes a review of the inmate application and a records examination.

Cases Innocence Project of Minnesota Investigates

IPMN provides quality investigative and legal assistance for prisoners with provable cases of actual innocence. The program uses a network of pro-bono attorneys trained extensively in case investigation and post-conviction litigation.

IPMN assists prison inmates who have a substantial sentence remaining to be served or who are facing execution and who claim to be actually innocent of the crime for which they are incarcerated. There must also be a realistic possibility that through investigation new evidence can be found to in fact prove the inmate's innocence. As an example, scientific testing (i.e., DNA testing) may exclude the inmate as the source of incriminating physical evidence (bodily fluids). As another example, factual investigation may prove that someone else committed the crime.

Cases Innocence Project of Minnesota DOES NOT Investigate

IPMN cannot provide assistance to persons who are awaiting trial or still pursuing their direct appeals. Cases will only be accepted after a person has been convicted, taken a direct appeal, or the time for a direct appeal has passed.

Because of the time necessary to investigate and establish actual innocence, IPMN cannot take cases where the person has served his or her sentence or will complete the sentence within a few years: the Innocence Project of Minnesota requires that the inmate have a substantial prison sentence remaining to be served or be facing execution.

What does the Innocence Project of Minnesota mean by "actual innocence?"

"Actual innocence" means real, factual innocence: the inmate did not commit the crime of conviction or some related crime. Common examples of "actual innocence" include: "I was mistakenly identified"; and "I was somewhere else at the time of the crime and I had absolutely no involvement in the crime whatsoever."

"Actual innocence" does not include cases where the inmate only claims that his or her rights were violated. It does not include cases where an inmate claims an assault or killing was done in self-defense, claims that sexual contact was consensual, or claims not to have played a major role in the crime. It also does not include cases only with the claim that the state failed to prove that the inmate committed the crime. Actual innocence usually does not include claims that the inmate was present when the crime was committed but did not do anything.