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Northwestern University School of Law’s Center on Wrongful Convictions Fights the Uphill Battle—and Sometimes Wins [by Erica Winter] Northwestern University School of Law’s Center on Wrongful Convictions, part of its clinical program, was founded “to identify and rectify wrongful convictions and other serious miscarriages of justice,” says its Executive Director, Rob Warden.
Unlike some innocence projects, Northwest-
Northwestern Law to work with the center;
The law student who found the letter said that
ern’s center does not require DNA evidence
they simply express their interest and do a
it was a case of negligence, not murder, and
in order to take a case. The center gets 2,000
telephone interview. Most law students work
“she was right on,” says Raley. The center
letters a year requesting aid, says Warden.
at the center the summer between their first
took the case. The woman’s appeals had
“We are very selective” in choosing which
and second years. Overall, applicants for
expired, but the group petitioned the Illinois
cases to take, says Warden.
summer positions at the center “have excel-
Supreme Court, which said they could file a
lent credentials,” says Warden.
late petition for leave to appeal. On appeal, the conviction was reversed. Two years after
The center handles 25 cases at any one time, taking on about five new cases per year.
Once with the center, “our students have
she sent the letter, the woman was released
Cases can last a very long time; the center is
a tremendous role in all our cases,” says
from prison. “That was a law student who
still handling some cases it had started seven
Warden. Each of the four staff attorneys has a
found that letter,” says Raley, noting stu-
years ago.
work-study student from Northwestern Law,
dents’ valuable work.
as well as research assistants, and straightDespite its limited staff and volunteer roster,
on volunteers from a variety of law schools,
Last summer, Warden planned to have
and the sheer number of requests that come
says Jane Raley, the center’s Senior Staff
students work on a database on wrongful
in, this law school clinic has already made a
Attorney and Assistant Clinical Professor
convictions, but the plan changed at the last
statewide impact in its field.
at Northwestern Law. “These students are
moment when the center took on the capital
exceptional,” says Raley.
case of a man in Indiana.
Ryan commuted the sentences of every
Law students research laws, prepare memos,
That case, involving a man named Darnell
person on that state’s death row, 157 in all,
write briefs, visit clients in prison, and assist
Williams, was atypical for the center, says
citing concerns over the application and
in investigations. They even help to decide
Warden. While the center’s staff usually
fairness of the death penalty in Illinois. In his
which cases the center will take, says Raley.
focuses its efforts on reversing wrongful con-
speech, he praised the work of Northwestern
Law students sift through letters from poten-
victions (often on the bases of new scientific
Law’s Center on Wrongful Convictions, then
tial clients, research issues that come up in
methods, such as DNA testing, or innovative
headed up by Professor Larry Marshall.
them, and make recommendations on which
methods of detecting arson), the Williams
cases to take. “It is a big responsibility,” says
case was more a “miscarriage of justice,”
Raley.
says Warden.
western University with the students, teach-
A few years ago, one student working at the
Williams and another man were both con-
ers, lawyers, and investigators who first shed
center found a letter from a woman who had
victed and sentenced to death for killing the
light on the sorrowful condition of Illinois’
been convicted of murder in the death of her
other man’s foster parents. The codefendant
death penalty system.”
three-and-a-half-year-old daughter. The
then had his sentence changed to life impris-
On January 11, 2003, Illinois Governor George
In that speech, the governor said: “It is fitting that we are gathered here today at North-
woman had been sleeping as her boyfriend
onment after an IQ test showed he was below
Student involvement is highly praised at the
strangled the girl; the woman was also
the legal threshold for execution. Williams’s
center, where students work year-round. This
convicted of first-degree murder, with the
death sentence stood, even though, says
summer, there are six law students and four
reasoning, Raley says, that “she should have
Warden, there was evidence that Williams
undergraduates at the center, says Warden.
known that her boyfriend was dangerous.”
was less culpable than his codefendant. After
Law students do not have to be attending
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intensive work, a petition to the governor of
continued on back
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Indiana was successful, and Williams’s sentence was commuted to life in prison. Cases handled by the center’s staff and volunteers are highly challenging because once a person is convicted of a crime, “the burden shifts,” says Warden. Advocates must show more than just a reasonable doubt to overturn a conviction; they must prove a defendant’s innocence or show that the punishment is too harsh, which is “very, very difficult to do,” says Warden. In the Williams case, the effort paid off. “We poured every single ounce we had into it and saved the guy’s life,” says Warden.
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