Frequently Asked Questions
What are the criteria for acceptance with the Pennsylvania Innocence Project?
The Pennsylvania Innocence only takes on cases for those who have been wrongfully convicted of a crime, and who have already exhausted their direct appeals. By wrongfully convicted, we are limited to cases where the inmate is factually innocent of the crime.
This is different from the many cases where an inmate may be legally innocent of the crime (such as a case involving a claim of consent instead of rape, or self-defense rather than murder), or where the inmate has serious constitutional or procedural grounds for reversal of his conviction. As important as all of those issues are, we are simply limited in our resources and in the scope of assistance we can offer.
What do you mean by “factually innocent”?
We can only take on cases for people who had no involvement in the crime for which they were convicted. This will generally mean people who had an alibi for the time of the crime, whether it was presented at trial or not.
Does the Pennsylvania Innocence Project take only cases with DNA evidence?
No. The Pennsylvania Innocence Project will take on cases whether there is DNA or not.
Can I submit an application for a friend or family member?
No. The Pennsylvania Innocence Project can only accept cases directly from the inmate involved.
Will the questionnaire be available online?
No. Because we have an established screening process, with a number of steps, we do not want to receive questionnaires from inmates with whom we have had no contact. The questionnaire is not designed to do an initial determination of eligibility; it is designed to gather information about a particular case. Please do not copy the questionnaire for others. If you are interested in having your case reviewed by the Pennsylvania Innocence Project you need only write us a letter with a brief factual summary of the case, a statement as to why you are seeking our help and a list of the evidence used against you at trial. No other documents should be submitted for initial review. Mail letters to:
Pennsylvania Innocence Project
At Temple University Beasley School of Law
1719 North Broad Street
Philadelphia, PA 19122
215-204-4255
How long does it take for the Pennsylvania Innocence Project to determine whether it will look into a case?
Once we receive your letter, we will review it to determine whether your case meets our criteria. If so, we will send you a detailed questionnaire to be completed. The time from writing to the Project until an initial determination is made is generally less than 2 weeks.
Review of a questionnaire takes more time due to the large volume of requests; it may take several months before the Project screeners are able to decide whether or not to accept your case. Please be patient.
Please do not telephone or write additional letters asking about your case. However, you must update your address if you are moved.
What is the process for the Pennsylvania Innocence Project to review and take on a case?
The Pennsylvania Innocence Project is set up to operate through 4 Stages. Stage 1 is a review of the first letter sent by an inmate to the Project explaining the facts of his/her case, the reason s/he feels that s/he has been wrongfully convicted, and explaining what new evidence (if any) may be available to prove innocence.
If a case meets the initial criteria (that the inmate is claiming factual innocence, was convicted in Pennsylvania and is beyond the direct appeal stage), then the case moves to Stage 2 review, and the inmate is sent a detailed questionnaire to fill out. We ask that the inmate also send a copy of the appellate brief and court opinions from the direct appeal. A volunteer lawyer or law student will carefully review the materials to determine whether the Pennsylvania Innocence Project should accept the case. At Stage 2, the volunteer will often write back to the inmate to obtain additional information.
When the reviewer determines that the case is, indeed, one of factual innocence, the case moves to Stage 3. During Stage 3, volunteer lawyers, students and investigators gather all of the relevant materials and documents in the case to determine what led to the wrongful conviction and where the new evidence may be. Once those documents are gathered and thoroughly reviewed, the case is submitted to the Board of Directors for the Pennsylvania Innocence Project.
If the Board decides to accept the case, then it moves on to Stage 4, where a team of lawyers and law students and investigators thoroughly investigate the case and try to develop a litigation strategy for the eventual exoneration of the inmate. At any point in the process, the Pennsylvania Innocence Project may determine that the case will not be pursued, and the inmate will be promptly notified.
Only when the Pennsylvania Innocence Project has agreed to pursue litigation on behalf of the inmate does legal representation begin. Up to that point, the Pennsylvania Innocence Project will be investigating the claim only, and will not represent the inmate. The inmate must continue to pursue any existing post-conviction petitions on his/her own.
Will the Pennsylvania Innocence Project represent me in my ongoing PCRA petition?
No. The Pennsylvania Innocence Project does not represent inmates until a decision is made to pursue litigation on the inmate’s behalf. Until that time, the inmate must continue to pursue any existing post-conviction petitions on his/her own.
FAQs for Volunteers
What is the time commitment for a volunteer?
The time commitment for a volunteer can be as short as an hour of time screening cases, to agreeing to take a case for litigation which is time-intensive. At Stage 1, volunteers can perform a number of screenings carefully in an hour. For Stage 2, the questionnaire review, a file with all materials available could take several hours to review. If some additional materials or information is needed, the process could take several weeks. For Stages 3 and 4, the investigation and litigation phases, the volunteer time commitment is more likely to be a minimum of 10 hours a month until the case is resolved for that level.
I’m not a lawyer, can I still volunteer?
YES! Non-lawyers are welcome to volunteer by helping to screen and evaluate cases at Stage 1. In addition, the Pennsylvania Innocence Project relies upon volunteer help in a number of other ways: through the Committees (Development, Policy and Legislation, Communications, CLE/Training), in the office assisting with administrative tasks, helping to put together public educational events, keeping up with the developing news in this area of the law, and FUNDRAISING!. If you have a particular skill or interest, we can find something for you to do!
What kind of training is required to volunteer on cases?
For those who want to help with the screening and evaluating of cases, Stages 1 and 2, we prefer that you attend one of our periodic training sessions. We will be having these trainings at least every 3 months throughout the year. If you contact the office, we will notify you when the next training session is.
For those lawyers who want to take on a case for investigation and/or litigation, you must attend our 2-day training session offered in the fall. Full CLE credit is available, and the fee will be waived for those who agree to take on a case. The next training session will be Friday September 11 and Saturday September 12, 2009. If you are interested in attending that training session, please send an e-mail to innocenceprojectpa@temple.edu. |
