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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. |