Juvenile Law Center Files Amicus Brief in Support of Brendan Dassey in the U.S
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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. -
No. 14-280 in the SUPREME COURT of the UNITED STATES
No. 14-280 IN THE SUPREME COURT OF THE UNITED STATES _________________________________________________ HENRY MONTGOMERY, Petitioner, v. STATE OF LOUISIANA, Respondent. _________________________________________________ ON WRIT OF CERTIORARI TO THE LOUISIANA SUPREME COURT _________________________________________________ BRIEF OF NORTHWESTERN UNIVERSITY SCHOOL OF LAW’S CHILDREN AND FAMILY JUSTICE CENTER and CENTER ON WRONGFUL CONVICTIONS OF YOUTH, ET AL. AS AMICI CURIAE IN SUPPORT OF PETITIONER _________________________________________________ Shobha L. Mahadev Steven A. Drizin* Scott F. Main * Counsel of Record The Children and Family Laura H. Nirider Justice Center Megan G. Crane Bluhm Legal Clinic Center on Wrongful 375 East Chicago Avenue Convictions of Youth Chicago, IL 60611 Bluhm Legal Clinic (312) 503-0396 375 East Chicago Avenue Email: scott.main@law. Chicago, IL 60611 northwestern.edu (312) 503-6608 Email: s- [email protected] Counsel for Amici Curiae i TABLE OF CONTENTS Page(s) INTEREST OF AMICI ............................................. 1 IDENTITY OF AMICI .............................................. 3 SUMMARY OF ARGUMENT .................................. 4 ARGUMENT .............................................................. 8 I. In Recognizing that “Children are Different” from Adults, Miller v. Alabama Represents a Transformation in Law, Practice, and Constitutional Jurisprudence Relating to the Punishment of Children, Thus Warranting Retroactive Application…. ............................................ -
When Innocent Defendants Falsely Confess: Analyzing the Ramifications of Entering Alford Pleas in the Context of the Burgeoning Innocence Movement Sydney Schneider
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Northwestern University Illinois, School of Law: Scholarly Commons Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 6 Winter 2013 When Innocent Defendants Falsely Confess: Analyzing the Ramifications of Entering Alford Pleas in the Context of the Burgeoning Innocence Movement Sydney Schneider Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation Sydney Schneider, When Innocent Defendants Falsely Confess: Analyzing the Ramifications of Entering Alford Pleas in the Context of the Burgeoning Innocence Movement, 103 J. Crim. L. & Criminology 279 (2013). https://scholarlycommons.law.northwestern.edu/jclc/vol103/iss1/6 This Comment is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/13/10301-0279 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 103, No. 1 Copyright © 2013 by Northwestern University School of Law Printed in U.S.A. COMMENTS WHEN INNOCENT DEFENDANTS FALSELY CONFESS: ANALYZING THE RAMIFICATIONS OF ENTERING ALFORD PLEAS IN THE CONTEXT OF THE BURGEONING INNOCENCE MOVEMENT Sydney Schneider* I. INTRODUCTION On August 19, 2011, Damien Echols left death row and faced the world for the first time in seventeen years.1 Dubbed the “West Memphis Three,” Echols, Jessie Misskelley, and Jason Baldwin were convicted of the brutal murders of three children in West Memphis in 1994 based on Misskelley’s confession.2 They were released from prison after serving seventeen years pursuant to plea agreements reached with prosecutors: the three defendants entered “Alford pleas,” in which they maintained their innocence but agreed that prosecutors had enough evidence to convict.3 In Virginia, meanwhile, twenty-seven-year-old Robert Davis has been * J.D. -
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. -
1 This Written Testimony in Support of Oregon SB 418 Is Submitted On
This written testimony in support of Oregon SB 418 is submitted on behalf of Steven Drizin and Laura Nirider, co-directors of the Center on Wrongful Convictions at Northwestern University Pritzker School of Law. For a combined total of nearly forty years, we have practiced law nationally in the field of wrongful convictions; together, we have contributed to dozens of exonerations around the country. Our shared areas of expertise include wrongful convictions, juvenile interrogations, and confessions. To date, according to the National Registry of Exonerations, researchers have uncovered more than 2700 wrongful convictions nationwide. At least 335 of those cases involved false confessions. In those cases, innocent individuals underwent police interrogation and came to believe they had no choice but to say they committed serious crimes – when in fact they had not. When it comes to children under age 18, the risk of false confession becomes – in the words of a recent United States Supreme Court ruling – “all the more troubling, and all the more acute.”1 As a category, youth under 18 are between two and three times more likely than adults to falsely confess when pressured by police – and this reality holds true around the country. This statistic includes youth like our 16- year-old Wisconsin client, Brendan Dassey, whose story was told in the Netflix series Making a Murderer. It includes youth like New York’s Central Park Five, now called the Exonerated Five – Raymond Santana, Yusef Salaam, Kevin Richardson, Antron McCray, and Korey Wise – whose stories were told in the Netflix series When They See Us. -
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. -
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 -
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