Life After Justice

THE GOVERNMENTS USE OF INCENTIVIZED INFORMANTS IS A LEADING CAUSE OF WRONGFUL CONVICTIONS, WHICH DISPROPORTIONATELY AFFECTS PEOPLE OF COLOR. HOWEVER, THERE HAS NEVER BEEN A COMPREHENSIVE STUDY ON THE USE OF INCENTIVIZED INFORMANTS IN WRONGFUL CONVICTIONS. SIGNIFICANT QUESTIONS REMAIN ABOUT THE EXTENT OF THE PROBLEM, RISK FACTORS CONTRIBUTING TO THE UNRELIABILITY OF INCENTIVIZED INFORMANTS, AND HOW CERTAIN POLICY REFORMS MAY HELP MITIGATE THE PROBLEM. THIS RESEARCH AIMS TO FILL THIS KNOWLEDGE GAP. FIRST, WE WILL ASSESS THE CURRENT LEGAL AND POLICY LANDSCAPE BY COLLECTING AND CODING DATA ON: 1) MODEL JURY INSTRUCTIONS REGARDING INCENTIVIZED INFORMANT TESTIMONY; 2) PROSECUTORIAL GUIDELINES REGULATING THE USE OF INFORMANTS; 3) PENDING AND PROPOSED LEGISLATION RELATING TO INCENTIVIZED INFORMANTS, AND 4) LITIGATION CHALLENGING THE USE OF INCENTIVIZED INFORMANTS. SECOND, WE WILL BUILD A DATABASE OF ALL OF THE CASES IN THE NATIONAL REGISTRY OF EXONERATIONS THAT INVOLVE INCENTIVIZED INFORMANTS, REVEALING THE PERCENTAGE OF KNOWN WRONGFUL CONVICTIONS INVOLVING INCENTIVIZED INFORMANTS. THIS STATISTIC IS CURRENTLY UNKNOWN, BUT CRITICAL FOR LITIGANTS IN DEMONSTRATING THE PREVALENCE OF INCENTIVIZED INFORMANTS IN WRONGFUL CONVICTIONS. THESE CASES WILL BE CODED FOR KEY VARIABLES SUCH AS THE TYPE OF INCENTIVE OR THREAT USED AND DEMOGRAPHICS OF THE DEFENDANT AND INFORMANT. THIRD, WE WILL PERFORM QUANTITATIVE ANALYSES ON THE DATASET, INCLUDING DESCRIPTIVE STATISTICS, BIVARIATE CORRELATIONS, AND VARIOUS MULTIVARIATE REGRESSION MODELS TO IDENTIFY AND UNDERSTAND PATTERNS RELATING TO INCENTIVIZED INFORMANTS. WE WILL VISUALIZE THE RESULTS WITH CHARTS, GRAPHS, AND TABLES. FINALLY, WE WILL DISSEMINATE OUR FINDINGS TO KEY STAKEHOLDERS. WE WILL DISPLAY RESEARCH FINDINGS ON LAJS WEBSITE, DEVELOP BEST PRACTICES GUIDELINES, PUBLISH REPORTS AND ACADEMIC ARTICLES, AND PRESENT OUR FINDINGS THROUGH WEBINARS AND AT CONFERENCES. IN PARTNERSHIP WITH THE AMERICAN BAR ASSOCIATION, WE AIM TO DESIGN AND TEACH A CONTINUING LEGAL EDUCATION CLASS ON THE RISKS AND RISK MITIGATION STRATEGIES ASSOCIATED WITH INCENTIVIZED INFORMANTS. THIS RESEARCH PROJECT AIMS TO GUIDE NEW POLICIES AND PRACTICES TO PREVENT AND REMEDY WRONGFUL CONVICTIONS INVOLVING INCENTIVIZED INFORMANTS. THE RESULTS WILL SUPPORT LITIGANTS BY HELPING TO EDUCATE KEY STAKEHOLDERS, SUCH AS JUDGES AND PROSECUTORS, ON THE RISKS ASSOCIATED WITH INCENTIVIZED INFORMANTS AND THE NEED FOR PRETRIAL RELIABILITY HEARINGS. IT WILL ALSO PROVIDE LITIGANTS WHO HAVE BEEN WRONGFULLY CONVICTED BASED ON INCENTIVIZED INFORMANT TESTIMONY WITH DATA THAT CAN BE USED WHEN ADVOCATING FOR A NEW TRIAL. IT WILL ALSO ENHANCE THE WORK OF THE NATIONAL REGISTRY OF EXONERATIONS BY ADDING A NEW CODE IN THE DATABASE FOR INCENTIVIZED INFORMANTS. CA/NCF

LIFE AFTER JUSTICE (LAJ) IS ONE OF THE FEW INNOCENCE ORGANIZATIONS FOUNDED AND LED BY PEOPLE OF COLOR WHO HAVE THEMSELVES ENDURED WRONGFUL CONVICTIONS. THIS LIVED EXPERIENCE IS PIVOTAL TO OUR MISSION TO ERADICATE WRONGFUL CONVICTIONS. CENTRAL TO THEIR EFFORTS IS ADDRESSING THE ROLE OF INCENTIVIZED INFORMANTS IN WRONGFUL CONVICTIONS, AN ISSUE THAT IS INTERTWINED WITH OUR LEADERS PERSONAL EXPERIENCES. LAJ IS COMMITTED TO TACKLING THIS ISSUE FROM TWO ANGLES: STRATEGIC LITIGATION AND DATA-DRIVEN RESEARCH. NO OTHER INNOCENCE ORGANIZATION IN THE COUNTRY SPECIALIZES IN INVESTIGATING, LITIGATING, AND STUDYING WRONGFUL CONVICTIONS BASED ON INCENTIVIZED INFORMANTS. THROUGH THIS GRANT, LAJ AIMS TO ENHANCE ITS CAPACITY TO IDENTIFY, INVESTIGATE, AND LITIGATE NON-DNA WRONGFUL CONVICTIONS INVOLVING INCENTIVIZED INFORMANTS. LAJS SPECIALIZED UNDERSTANDING OF THE ISSUES AND CHALLENGES IN THESE CASES STEMS FROM OUR ONGOING RESEARCH PROJECT INITIATED IN 2023, WHICH EXAMINES THE ROLE OF INCENTIVIZED INFORMANTS IN KNOWN WRONGFUL CONVICTIONS. THE PRELIMINARY RESULTS OF THEIR RESEARCH PROJECT HAVE HIGHLIGHTED THE NEED TO INCREASE THEIR INVESTIGATION AND LITIGATION OF CASES INVOLVING INCENTIVIZED INFORMANTS. CURRENTLY, LAJ IS ACTIVELY INVESTIGATING SIX CASES INVOLVING INCENTIVIZED INFORMANTS AND REPRESENTING FOUR INDIVIDUALS IN VIRGINIA AND MASSACHUSETTS WHO WERE CONVICTED BASED ON FALSE INCENTIVIZED TESTIMONY. THIS DUAL FOCUS ON LITIGATION AND RESEARCH ENSURES OUR WORK COMPREHENSIVELY ADDRESSES THE COMPLEX CHALLENGES POSED USING INCENTIVIZED INFORMANTS IN WRONGFUL CONVICTIONS. THE ISSUES THAT ARISE IN THE CASEWORK GUIDE THE RESEARCH STRATEGY AND THERESULTS OF OUR RESEARCH BOLSTER OUR LITIGATION EFFORTS. LAJS LITIGATION TEAM CONSISTS OF THREE POST-CONVICTION ATTORNEYS AND A PRO-BONO ATTORNEY LICENSED ACROSS DIFFERENT STATES. LAJ SEEKS TO TRANSITION ITS PART-TIME STAFF ATTORNEY INTO A FULL-TIME ROLE, HIRE A LEGAL FELLOW, AND CONDUCT THREE SUMMER INTERNSHIP PROGRAMS. ADDITIONALLY, LAJ AIMS TO ESTABLISH A FUND TO COVER THE COSTS OF INVESTIGATIONS AND EXPERT CONSULTATIONS NECESSARY FOR LITIGATION. KEY ACTIVITIES OF THIS PROPOSAL INCLUDE SPECIALIZED CASE INTAKE, THOROUGH CASE INVESTIGATION, CONSULTATION WITH EXPERTS, AND LITIGATION. AS A NATIONWIDE ORGANIZATION, LAJ WILL CO-COUNSEL WITH LOCAL ORGANIZATIONS AND DEFENSE COUNSEL FOR ALL CASES INVESTIGATED AND LITIGATED. LAJ CURRENTLY SERVES AS CO-COUNSEL IN CASES WITH TWO WELL-ESTABLISHED INNOCENCE ORGANIZATIONS IN MASSACHUSETTS AND DEFENSE COUNSEL IN VIRGINIA. THROUGH ENHANCED STAFFING AND ADDITIONAL RESOURCES FOR INVESTIGATION AND EXPERT CONSULTATION, LAJ AIMS TO PREVENT AND REMEDY WRONGFUL CONVICTIONS BASED ON UNRELIABLE INCENTIVIZED INFORMANTS BY INVESTIGATING AND LITIGATING CASES.