IAFMHS Newsletter 2019 4(4)
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Brendan Dassey's Legal Team Asks United States Supreme Court to Hear
FOR IMMEDIATE RELEASE: February 20, 2018 MEDIA CONTACT: Laura Nirider at 312-503-8576 or [email protected] Steven Drizin at 312-503-8576 or [email protected] BRENDAN DASSEY’S LEGAL TEAM ASKS UNITED STATES SUPREME COURT TO HEAR BRENDAN’S CASE Former United States Solicitor General Seth Waxman joins Dassey’s Supreme Court team WASHINGTON DC -- Today, Brendan Dassey’s legal team filed a petition for a writ of certiorari before the United States Supreme Court, asking the high Court to agree to hear Brendan’s appeal. If the Court accepts the case, it will mark the first time the Court has agreed to hear a juvenile confession case of this type in nearly forty years. Lending formidable experience and firepower to the legal team, former Solicitor General of the United States Seth Waxman has joined Brendan’s longtime lawyers – Steven Drizin and Laura Nirider of Northwestern Pritzker School of Law’s Center on Wrongful Convictions of Youth and Robert Dvorak of Halling & Cayo S.C. – to represent Brendan before the United States Supreme Court. Waxman, who served as U.S. Solicitor General from 1997 to 2001 and is now co-chair of the Appellate and Supreme Court Litigation practice group at WilmerHale, has argued eighty cases before the United States Supreme Court. As a committed champion of pro bono work, Waxman donates over 300 hours every year to representing indigent clients at no cost. Today’s petition explains that Brendan’s case raises crucial issues that extend far beyond his case alone and that have divided state and federal courts for decades. -
NORTHWESTERN LAW REPORTER the Makings of an Entrepreneurial Mindset
NOTEWORTHY Five Kellogg Courses Available to Law Students This Fall Starting in Fall 2017, JD and LLM students at Northwestern Law program were employed within nine months of graduation. will have the opportunity to take a suite of five core Kellogg courses “The new course offerings bolster our commitment to preparing taught by full-time Kellogg professors, devoted solely to law stu- strong business-minded lawyers,” says Dean Daniel B. Rodriguez, dents. The courses are identical to the ones that every Kellogg MBA dean of Northwestern Law. “We are preparing our graduates to be is required to take and will go a long way in strengthening the law T-shaped lawyers — lawyers with deep-rooted foundational legal students’ understanding of modern business practices. The courses are: Accounting for Decision Making; Business Analytics; Business Strategy; Finance 1; and Leadership in “We are preparing our graduates to be T-shaped Organizations. Each of the five classes will consist of 65 students, bringing the total of offered seats to more than 300. lawyers — lawyers with deep-rooted foundational legal These courses will deepen the partnership between Kellogg and knowledge, who also possess broad cross-disciplinary Northwestern Law and strengthen the Law School’s interdisciplinary approach to preparing students to thrive in today’s complex global perspectives and understanding in relevant areas.” and technological economy. The Center for Practice Engagement — DEAN DANIEL B. RODRIGUEZ and Innovation, led by Professor James Lupo, affirmed through its ongoing dialogue with employers that clients increasingly expect their lawyers to have a strong understanding of business, making this knowledge, who also possess broad cross-disciplinary perspectives curricular innovation a practical step for training modern lawyers. -
Gerald Gault, Meet Brendan Dassey
©m Grdaopohmic iSttso | c1k 23rf the authorities believed that Gerald had done something Gerald Gault, Meet wrong and were free to act accordingly. Two and a half years later, in 1967, the U.S. Supreme Brendan Dassey: Court ordered Gerald’s release in an opinion written by Justice Abe Fortas that was nothing less than a reckoning Preventing Juvenile False and Coerced for the nation’s juvenile court system. Blinded by “nei - Confessions in the 21st Century ther sentiment nor folklore,” Justice Fortas laid bare the gulf between juvenile court’s rhetoric — characterized by speeches about “kindly” judges, informality, and the therapeutic treatment and rehabilitation of youthful offenders — and its reality. Juvenile courts, according to n 1964, 15-year-old Gerald Gault was taken into cus - the justice, too often operated as “kangaroo courts” tody by the sheriff of Gila County, a rural jurisdic - prone to inaccurate fact-finding, unchecked abuses of tion about 80 miles east of Phoenix, after a neighbor discretion, and arbitrary punishments. His prescription Iaccused him of making prank telephone calls of the was a healthy dose of due process, including most promi - “irritatingly offensive, adolescent, sex variety.” Over the nently the right to counsel. To Justice Fortas, only a child course of the following week, Gerald appeared twice in aided by a lawyer’s “guiding hand” could both “ascertain the chambers of a juvenile court judge, accompanied by a defense” and “prepare and submit it.” his mother, older brother, and two probation officers. Gault revolutionized juvenile court process by not Though the hearings were not transcribed, later testimo - only requiring counsel for kids, but also granting them ny indicated that the judge questioned Gerald both times other basic ingredients of due process: the right to notice about whether he had in fact made the calls. -
STEVEN ANDREW DRIZIN 428 Elder Lane Winnetka, IL 60093 (847) 446-6778 (H) (312) 503-8576 (W) (312) 503-8977 (FAX) [email protected]
CURRICULUM VITAE STEVEN ANDREW DRIZIN 428 Elder Lane Winnetka, IL 60093 (847) 446-6778 (h) (312) 503-8576 (w) (312) 503-8977 (FAX) [email protected] EDUCATION NORTHWESTERN UNIVERSITY SCHOOL OF LAW Chicago, Illinois Juris Doctor, May 1986 HONORS: Dean's List, Semesters 1, 2, 6; Editor-in-Chief, Journal of Criminal Law & Criminology, 1985-1986. HAVERFORD COLLEGE Haverford, Pennsylvania Bachelor of Arts in Political Science, 1983 HONORS: Graduated with Honors in Political Science PROFESSIONAL EXPERIENCE NORTHWESTERN UNIVERSITY BLUHM LEGAL CLINIC August 1991- present NORTHWESTERN UNIVERSITY SCHOOL OF LAW Co-Director, Center on Wrongful Convictions, January 1, 2019- Assistant Dean, Legal Clinic, September 2013-September 2017 Assistant Director, Legal Clinic, January 1, 2001-September 2013 Co-Founder, Center on Wrongful Convictions of Youth January 2008 Legal Director, Center on Wrongful Convictions, March 2005-August 2013 Clinical Professor of Law, January 1, 2004-Present Supervising Attorney, Children and Family Justice Center, June 1993 – March 2005 Lecturer in Criminal Law to First Year Students, 2000-2003 Adjunct Faculty Member, Pretrial Litigation/ Professional Responsibility, 1993-1996 SACHNOFF & WEAVER LTD. Chicago, Illinois Litigation Associate, September 1986-October 1988 September 1989-August 1991 1 Practice in commercial litigation, including federal and state civil procedure, securities fraud, fraudulent conveyance, bankruptcy, Section 1983, prisoner's rights, and breach of contract actions. JUDICIAL CLERKSHIP LAW CLERK TO THE HONORABLE ILANA D. ROVNER, UNITED STATES DISTRICT COURT JUDGE FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 1988-1989. AWARDS The Haverford Award, an award by Haverford College to alums who reflect Haverford's concern with the uses to which they put their knowledge, humanity, initiative, and individuality (2018). -
CURRICULUM VITAE Laura H. Nirider
CURRICULUM VITAE Laura H. Nirider 375 E. Chicago Ave., 8th Floor Chicago, Illinois 60611 (312) 503-2204 (office) (312) 503-8977 (fax) [email protected] PROFESSIONAL EXPERIENCE NORTHWESTERN UNIVERSITY PRITZKER SCHOOL OF LAW, BLUHM LEGAL CLINIC Co-Director, Center on Wrongful Convictions, 2019-Present Director, Center on Wrongful Convictions of Youth, 2009-2018 Clinical Professor of Law, 2020-present Clinical Associate Professor, 2018-2020 Clinical Assistant Professor, 2013-2018 Clinical Fellow, 2009-2013 My responsibilities include directing the Center’s research, mission and work; producing and promoting interdisciplinary scholarship around Fifth Amendment doctrine and the problem of false confessions; representing wrongfully convicted adults and children; and co-teaching a clinical course on wrongful convictions. My research, courtroom work, and classroom work focus on police interrogations and confessions. I maintain an ongoing caseload of federal and state appellate and post-conviction cases involving individuals who were convicted as children or adolescents. The majority of my clients’ cases involve confessions. In addition to my direct representation work, I conduct research and publish scholarship around Fifth Amendment doctrine and interrogative practice; I consult on and write amicus curiae briefs in cases involving interrogations and juvenile justice across the country, including before the United States Supreme Court; I speak regularly before a wide range of professional and popular audiences about wrongful convictions and false confessions; and I undertake collaborative efforts with law enforcement in support of interrogation reform. I also regularly appear as an expert on interrogations in print, film, audio, and digital media outlets that range from Netflix’s Making a Murderer to the New York Times. -
PROGRAMA DEL CICLO INTERNACIONAL DE SEMINARIOS: CONDENAS ERRÓENAS CONFESIÓN FALSA Gísli Guðjónsson (Reino Unido-Islandia)
Diplomado en Sistema Procesal Penal PROGRAMA DEL CICLO INTERNACIONAL DE SEMINARIOS: CONDENAS ERRÓENAS Organizan: ASOCIACIÓN DE PENSAMIENTO PENAL CHILE DERECHO UC – DIPLOMADO SISTEMA PROCESAL PENAL EDITORIAL TIRANT LO BLANCH ▪ JORNADA 1 Sábado 20 de marzo – 12 horas CONFESIÓN FALSA Moderadora: Paula Vial Expositores: Gísli Guðjónsson (Reino Unido-Islandia) Laura Nirider (EEUU) ▪ JORNADA 2: Jueves 25 de marzo – 18 horas ERROR PERICIAL Moderadora: Susana Gatica Expositores: Audrey Mcginn (Innocence Project EEUU) Marina Gascón Abellán (España), Paula Vial Reynal (Chile) ▪ JORNADA 3 Jueves 08 de abril – 18 horas IDENTIFICACIÓN ERRÓNEA Moderadora: Grace Méndez Diplomado en Sistema Procesal Penal Expositores: Mauricio Duce (Chile) Maria Paz Bahamondez (DPP Proyecto Inocentes, Chile) ▪ JORNADA 4 Jueves 15 de abril – 18 horas MALA CONDUCTA DE AGENTE DEL ESTADO (policías, fiscales y defensores) Moderador: José Henriquez Expositores: Juan Ortiz (Perú) Indiana Guereño (Argentina) Jonathan Ramirez (Chile) *** EXPOSITORES: GISLI GUDJONSSON Gísli Hannes Guðjónsson, CBE (Nacido el 26 de octubre de 1947) es un académico, educador, psicólogo forense y ex detective islandés-británico. Es profesor emérito en el Instituto de Psiquiatría del King's College de Londres y profesor en el Departamento de Psicología de la Universidad de Reykjavik. Gísli es una autoridad de renombre internacional sobre sugerencia y confesiones falsas y es uno de los principales expertos mundiales en síndrome de memoria falsa. Diplomado en Sistema Procesal Penal El testimonio pericial de Gísli fue la base para que las condenas de los Seis de Birmingham y Guildford Four fueran anuladas. Creó la escala de sugerencia de Gudjonsson para medir cuán susceptible es alguien a la coerción durante un interrogatorio. -
Petition for Executive Clemency October 2
PARDON DOCKET NO. __________ Before The WISCONSIN PARDON ADVISORY BOARD October 2, 2019 ADVISING THE HONORABLE GOVERNOR TONY EVERS _____________________ In the Matter of BRENDAN RAY DASSEY _____________________ PETITION FOR EXECUTIVE CLEMENCY Counsel for Petitioner: Laura H. Nirider Robert J. Dvorak Steven A. Drizin Halling & Cayo, S.C. Center on Wrongful Convictions 320 E. Buffalo Street, Suite 700 Northwestern University Pritzker School of Law Milwaukee, WI 53202 357 East Chicago Avenue (414) 271-3400 Chicago, IL 60611 [email protected] (312) 503-8576 [email protected] [email protected] Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave. NW Washington, DC 20006 (202) 663-6000 [email protected] 1 TABLE OF CONTENTS Introduction ..................................................................................................................................... 3 Procedural History ........................................................................................................................... 4 Basis for Granting Clemency ............................................................................................................ 5 I. This Board can have no confidence in the evidence against Brendan Dassey. ............... 5 II. This Board can have no confidence in the process leading to Brendan Dassey’s conviction. ......................................................................................................................... 15 III. This Board can have -
To View Our 2019 Annual Report
For the Innocent & Wrongfully Imprisoned Wrongfully & theInnocent For YEAR IN REVIEW 2o19 ARIZONA JUSTICE PROJECT MISSION: To seek justice for the innocent and the wrongfully imprisoned—the marginalized and forgotten of Arizona’s criminal justice system. 2 - 2019 YEAR IN REVIEW CONTENT Message From the President 4 Message From the Executive Director 5 Case Work & Freedom 6 Identify and Prevent Wrongful Convictions 10 Education, Training, Community Engagement 12 AJP Partners 16 Honor Roll of Donors 18 2018-2019 Fiscal Year Budget 21 2019 YEAR IN REVIEW - 3 Message From the President As 2019 draws to a close, I find myself enjoying the rare opportunity to pause and reflect on the work of the Arizona Justice Project. For the last three months, my wife and I have been away from Phoenix on a sabbatical from daily practice with Osborn Maledon, my law firm. While out of town, I have turned off everything related to the practice of law, except for the Project. Instead, I have had the luxury of time and distance to hear and see daily what our lawyers, staff, volunteers and clients have been up to. I wish I could convey in these few words how impressive it is to see innocence and justice reform at work. Here is a collage of some of what I’ve seen. Every day this Project answers the unending stream of communications from inmates, their families and supporters. Legal calls to Arizona’s prisons are a daily occurrence. Visits to our wide-spread State prisons happen every week, on top of the many court filings, records requests, hearings, and the constant need to collaborate with defense Larry Hammond lawyers, public defense offices, and prosecutors. -
Brendan Dassey Petition for Executive Clemency
PARDON DOCKET NO. __________ Before The WISCONSIN PARDON ADVISORY BOARD October 2, 2019 ADVISING THE HONORABLE GOVERNOR TONY EVERS _____________________ In the Matter of BRENDAN RAY DASSEY _____________________ PETITION FOR EXECUTIVE CLEMENCY Counsel for Petitioner: Laura H. Nirider Robert J. Dvorak Steven A. Drizin Halling & Cayo, S.C. Center on Wrongful Convictions 320 E. Buffalo Street, Suite 700 Northwestern University Pritzker School of Law Milwaukee, WI 53202 357 East Chicago Avenue (414) 271-3400 Chicago, IL 60611 [email protected] (312) 503-8576 [email protected] [email protected] Seth P. Waxman Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave. NW Washington, DC 20006 (202) 663-6000 [email protected] 1 TABLE OF CONTENTS Introduction ..................................................................................................................................... 3 Procedural History ........................................................................................................................... 4 Basis for Granting Clemency ............................................................................................................ 5 I. This Board can have no confidence in the evidence against Brendan Dassey. ............... 5 II. This Board can have no confidence in the process leading to Brendan Dassey’s conviction. ......................................................................................................................... 15 III. This Board can have -
Brendan Dassey: a True Story of a False Confession
Brendan Dassey: A True Story of a False Confession Additional Written Materials for Continuing Legal Education Page 1: Reducing Risks: An Executive’s Guide to Effective Juvenile Interview and Interrogation Page 45: The Truth About Juvenile False Confessions Electronic recording n Care with Miranda n Presence of a 1 friendly adult n Length of questioning n Time of questioning n Avoid use of deception electronic recording n Avoid promises of leniency and threats of harm n Questioning style n electronic recording n Care with Miranda warnings n Presence of a friendly adult n Length of questioning n Time of questioning n Avoid use of deception Electronic recording n Avoid promises of leniency and Reducingn n Risks: n threats of harm Questioning style ElectronicAn Executive’s recording Care with Miranda warnings n presence of a friendlyGuide to Effective adult n Length of Juvenile Interview n n n questioning Time of questioning Avoid anduse Interrogation of Avoid promises of leniency and threats of harm n questioning style Electronic recording n Care with Miranda warnings n presence of a friendly n Length of questioning n Time of questioning n Avoid use of deception n Care with Miranda warnings n Electronic recording n Avoid promises of leniency and threats of harm n Questioning style n Electronic recording n Length of questioning n and Presence of a friendly adult n Length of questioning n Time of questioning n Avoid use of deception n Avoid promises of leniency and threats of harm n questioning style n Electronic recording n Avoid use of