16.746: Capital Case Litigation Initiative

16.746

Active

Office of Justice Programs (OJP) [DOJ]

Sept. 20, 2022

Sept. 20, 2022

Goals: Capital Case Litigation Initiative (CCLI) • Provide training and technical assistance to prosecutors and defense attorneys’ litigation capital cases. Wrongful Conviction Review Program • Review individual post-conviction claims of innocence, prevent wrongful convictions and where possible identify the actual perpetrator(s) of a crime. Objectives: Capital Case Litigation Initiative (CCLI) - In an effort to improve the quality of legal representation and to ensure reliable jury verdicts in state capital cases, the CCLI seeks to improve the quality and effectiveness of representation in death penalty cases through training for both the prosecutors who represent the public and the defense attorneys who represent indigent defendants in state capital cases. Wrongful Conviction Review Program - The Upholding the Rule of Law and Preventing Wrongful Convictions Program (URLPWC) is a site based and Training and Technical Assistance (TTA) program committed to protecting the unwavering integrity of the criminal justice system and the consistent application of due process for all. The URLPWC Program supports efforts by both conviction integrity or review units and entities that represent individuals with post-conviction claims of innocence to review individual cases of post-conviction and appeals claims of innocence. Where possible, the program seeks to identify and apprehend actual perpetrators of crimes who eluded prosecution and bring justice to victim(s), thereby enhancing public safety and security.

B - Project Grants

Capital Case Litigation Initiative: Applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct prosecutions in which capital punishment is sought. For the state agency to be eligible, its state must have an “effective system” for providing competent legal representation for indigent defendants in capital cases. An “effective system” is defined in 42 U.S.C. § 14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases either: (A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors; or (C) Pursuant to a statutory procedure enacted before the date of the enactment of the CCLI Act [October 30, 2002] under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity. Wrongful Conviction Review Program - Eligible applicants are limited to institutions of higher education, non-profit organizations with missions dedicated (in whole or in part) to exonerating the innocent, to state or local public defender offices, as well as to public and nonprofit organizations that have experience and expertise in providing representation to wrongfully convicted defendants in post-conviction claims of innocence cases.

Capital Case Litigation Initiative: Defense counsel, prosecutors and judges in the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands that currently enforce their death penalty statutes. Wrongful Conviction Review Program: State or local government public defenders and non-profit organizations dedicated to exonerating the innocent.

https://sam.gov/fal/fcbfd3b6e85e4868993865977938adef/view