Office of Conflicts Counsel - State of Delaware



2017 POLICY RESOURCE THUMB DRIVETABLE OF CONTENTSI. EYEWITNESS IDENTIFICATION REFORM A. Support Materials‘Blinding’ the AdministratorIP Eyewitness Identification Reform Fact SheetIP Eyewitness Identification Resource Guide2018 IP Model Bill- Prescriptive Eyewitness Identification bill Responses to Common Opposition to Eyewitness ReformB. Law Enforcement & Other Support for Eyewitness ReformLaw enforcement documents: IACP Training Key on Eyewitness Identification ProceduresIACP Model Policy on Eyewitness Identification Procedures IACP Eyewitness Identification Roll Call Videos PERF Survey on Eyewitness IdentificationCALEA Eyewitness Identification StandardsReports: NAS Report: “Identifying the Culprit—Assessing Eyewitness Identification” (2014) IACP Wrongful Conviction Summit Report Resolutions: ABA Resolution Regarding Eyewitness Identification Evidence (2004)NAACP Resolution (2014)MA Major City Chiefs Association Resolution (2010)NACOLE Resolution: “Improving Police Legitimacy and Community-Police Relations Press on law enforcement support for reform: “Perspectives from the Bench and the Beat: The Implementation of Eyewitness Identification Reform in the State of Connecticut,” Police Chief Magazine (June 2016)“That’s Him, I Think; The Role of the Police in Eyewitness Identification Reform,” Chief William Brooks, Harvard Law and Policy Review (1/5/16) C. Jurisdictions’ Reform Protocols Nebraska Law (2016) Georgia Prescriptive Law (2016)Colorado Prescriptive Law (2015)New Jersey Protocols (2001)North Carolina Actual Innocence Commission on Eyewitness RecommendationsNorth Carolina Prescriptive Law (2008, amend. 2015)Rhode Island Task Force Report on Eyewitness Identification (2010)Santa Clara County, CA protocolTexas Prescriptive Law (2011)LEMIT model policy referenced in Texas Prescriptive LawWisconsin Best Practices (2005)Wisconsin Prescriptive Law (2010)D. Litigation StrategyState of NJ v. Henderson Amicus BriefHenderson Exhibits by Topic (non-exhaustive list of sources)Henderson Eyewitness Identification National Response Memo Henderson Memo on Courts’ ResponsesHenderson Meta-Analytic Review ListLawson decision E. Police Toolkit & Training Materials Patrol Guide Insert (Including Sequential Presentation)Patrol Guide Insert (Including Simultaneous Administration)State Bar of Michigan Policy writing Guide for Law Enforcement AgenciesNorwood Police Department – Conducting a Live Lineup with a Blind AdministratorNorwood Police Department – Conducting a Photo Array with a Blind AdministratorWellesly Police Department – Conducting a “Blinded” Lineup Through the Folder Shuffle MethodChief’s Checklist for Implementation of Best PracticesLaw Enforcement Lesson Plan from the Massachusetts Chiefs of Police AssociationF. Media “Double Blind: Preventing Eyewitness Error,” Christopher Moraff (The Crime Report, April 2017)“Justice Department Issues New Guidance on Securing Eyewitness IDs,” Carrie Johnson (NPR, January 2017)“Minnesota cops weak on photo lineup procedures, critics say,” Andy Mannix (Star Tribune, June 2017)II. FORENSIC SCIENCE A. National Academy of Science Materials Background on NAS’s “Committee on Identifying the Needs of the Forensic Sciences Community” and its report, “Strengthening Forensic Science in the United States: A Path Forward”NAS Position StatementsNAS Committee Info and ReportCongressional HearingsStatements of Judge Harry EdwardsB. President’s Council of Advisors on Science and Technology MaterialsWhite House Press Release on PCAST Report (Sept 2016)PCAST Final Report (September 2016)PCAST Responses to Request for Information in the course of Committee’s examination of forensic science (Sept 2016)PCAST Final Report references (Sept 2016)Stakeholder ResponsesArizona County AttorneyFederal Bureau of Investigation (FBI)International Association for Identification (IAI) National Association of Criminal Defense Lawyers (NACDL)National District Attorneys Association (NDAA)American Academy of Forensic Sciences (AAFS)American Congress of Forensic Science Laboratories (ACFSL) Association of Firearm and Tool mark Examiners (AFTE)Consortium of Forensic Science Organizations (CFSO)Select Media “Rejecting Voodoo Science in the Courtoom,” Judge Alex Kozinski (Wall Street Journa,l Sept. 2016)“A wake-up call on the junk science infesting our courtrooms,” Harry Edwards & Jennifer Mnookin (Washington Post, Sept. 2016)“Q&A with Jennifer Mnookin: Raising the bar for scientific evidence in court” (UCLA, Sept. 2016)“White House science advisers urge Justice Dept., judges to raise forensic standards,” Spencer Hsu (Washington Post, Sept. 2016)“The Justice Department Won’t Stop Going to Bat for Bad Science,” C.J. Ciaramella (Reason, Sept. 2016) PCAST Report Addendum (January 2017)C. The Coverdell Program 42 USC 3797(k)(4)Paul Coverdell Forensic Science Improvement Grants Program 2016 IP Coverdell ReportDOJ OIG Reports12/05 Report1/08 Report Coverdell InvestigationsMassachusettsNew YorkTexasWashington D. FBI Hair ReviewWashington Post articles“Justice Dept., FBI to review use of forensic evidence in thousands of cases,” Spencer Hsu (2015)“After FBI admits overstating forensic hair matches, focus turns to cases, “ Spencer Hsu (2015)“Justice Department frames expanded review of FBI forensic testimony,” Spencer Hsu (2015)NACDL: “ Champion-- The Hair Microscopy Review Project: An Historic Breakthrough for Law Enforcement and A Daunting Challenge for the Defense Bar” Innocence Network webinar on Conducting State Hair Reviews Review MaterialsASCLD/LAB Notification regarding hair reviewsFBI Director James Comey letter to State Governor s on Hair ReviewFBI Request for Information to Conduct a Root Cause Analysis of FBI LabIP, NACDL & FBI Press ReleaseFBI consensus statement on types of error in hair comparison testimonyFBI Internal Review Criteria E. National Commission on Forensic Science (NCFS) Judge Rakoff Controversy“U.S. judge quits commission to protest Justice Department forensic science policy,” The Washington Post ( “Judge Rakoff returns to forensic panel after Justice Department backs off decision,” The Washington Post (1/29/15)NCFS Charter (2013)Memorandum of Understanding between NIST and DOJ creating the NCFS and OSACNCFS Closure“Sessions orders Justice Dept. to end forensic science commission, suspend review policy,” Spencer Hsu, The Washington Post (4/10/17)“Salk professor criticizes disbanding of federal forensics committee that included scientists,” The San Diego Union-Tribune (4/10/17)“Why the Trump administration is taking science out of forensics,” Chelsea Whyte, New Scientist (4/13/17)“Jeff Sessions and the Odds of Imprisoning Innocents,” Conor Friedersdorf, The Atlantic(4/11/17)“Attorney general will replace independent forensic science commission with in-house advisers,” Debra Cassens Weiss, ABA (4/10/17)“Sessions Is Wrong to Take Science Out of Forensic Science,” Erin Murphy, The New York Times (4/11/17) “Another Reprieve for Expert Testimony That Is Anything But,” Jim Dwyer, The New York Times (4/11/17)F. National Institute of Standards and Technology (NIST)/National Institute of Justice (NIJ)NIJ Report: “The Impact of Forensic Science Research and Development” (2015)“Fighting Crime With Science,” Jim Dawson (2015)“Social Science Research on Forensic Science: The Story Behind One of NIJ’s Newest Research Portfolios,” Katharine Browning (2015)G. Forensic Science BillsSenate Commerce Committee Bill Senate Judiciary Committee BillH. Evolving Science Statutes 2018 Innocence Project Model Bill ALEC Model BillChange in Science Support Materials VA campaign materials VA habeas talking pointsletter from Mike Ware, Innocence Project of TexasTexas Statute (2015)California Statute (2014)I. Duty to CorrectAnnie DookhanACLU on Bridgemean v. DAJanuary 2017 Bridgeman v. DA SJC DecisionU.S. GAO “Yellow Book” – Government Auditing Standards (2011)TX FSC and CJIU Defendant Notification White Paper (2013)J. State Forensic Science CommissionsS1285 – MANIJ-RTI State Forensic Science Commissions (2016)California StatuteK. Additional Media Crime Lab Reviews “Prosecutors will drop thousands of cases in Dookhan scandal,” Shawn Musgrave (Boston Globe, April 2017)“Tarr, Republicans want regular crime lab audits,” Mike Springer (Salem News, April 2017)“Lawyers raised doubts about Austin DNA lab work as early as 2009,” Andrea Bail & Tony Plohetski (Austin American-Statesman, Jan. 2017)“Questions about ex-BCI scientist may cast doubt on convictions,” The Columbus Dispatch, Oct. 2016“Approximately 2,000 Closed Cases Could Be Reopened Due to BSO Crime Lab Flaws,” Antonia Farzan (New Times, Sept. 2016)Evolving Science Cases “Scientific evidence prompts judge to vacate Naperville man’s murder conviction,” Clifford Ward (Naperville Sun, April 2017)“Judge orders new trial in 30-year-old rape case, finds testimony on hair evidence exceeded scientific limits,” Ed Treleven (Wisconsin State Journal, June 2017)“Incredibly, prosecutors are still defending bite mark evidence,” Radley Balko (The Washington Post, Jan. 2017)“The Fire on Harvard Avenue: How Junk Arson Science Convicted a Mother of Killing Her Own Daughers,” Liliana Segura (The Intercept, March 2017)Field Drug Testing “How a $2 Roadside Drug Test Sends Innocent People to Jail,” Ryan Gabrielson & Topher Sanders (The New York Times & Pro Publcia, July 2016)“How Harris County Deputies Mistook a Sock Full of Cat Litter for a Half Pound of Meth,” Meagan Flynn (Houston Press, Jan. 2017)III. COMPENSATING THE WRONGFULLY CONVICTEDA. Support MaterialsIP Compensation Fact Sheet 2018 IP Model Bill- Compensation Federal Tax Relief Bill ABA Resolution Regarding Compensation (2005)Why 1983 or Civil Claims Are an Insufficient Framework to Compensate the Wrongfully ConvictedIP Immediate Services Package: How States Can Plug Into Existing Social ServicesChart Comparing Existing State LawsSnapshot of Existing State Laws B. Scholarship on reentry “Experiencing Wrongful and Unlawful Conviction,” Wildeman, Costelloe, & Schehr (2011) “Release from Prison—A High Risk of Death for Former Inmates,” Binswanger, Stern, Deyo, Heagerty, Cheadle, Elmore, & Koepsell (2007)C. Media“What Do States Owe People Who Are Wrongfully Convicted?” Scott Rodd (Stateline, March 2017)“Wrongly convicted in Mass.? Good luck getting compensation,” Jenifer McKim (Boston Globe, Dec. 2016)“States Can’t Keep Criminal Fines of Exonerated, Supreme Court Rules,” Adam Liptak (The New York Times, April 2017)“A Gary man was found innocent after 24 years in prison. Indiana didn’t help him.” Madeline Buckley (Indy Star, Jan. 2017)“What does Mississippi owe a 13-year-old who falsely confessed to murder?” Raldey Balko (The Washington Post, May 2017)IV. POST-CONVICTION ACCESS TO DNA TESTINGA. Support Materials IP Post-Conviction DNA Testing Fact Sheet2018 IP Model Legislation—bill creating statutory access to post-conviction DNA testingAddressing Flood of Litigation Arguments – Memo Based on Innocence Network Survey (2017)Reauthorized Justice For All Act’s Revised Federal Post-Conviction DNA Access Law B. Enabling Relief for People Who PleadMD materials MD post-conviction DNA Fact SheetMD House Committee Testimony Pennsylvania Post-Conviction DNA briefing materials Anthony Wright testimonyMarissa Bluestine testimonyMichelle Feldman testimony PA post-conviction DNA fact sheet C. Supreme Court: No Federal Right to DNA Testing Osborne BriefTranscript from Supreme Court Proceedings- Osborne District Attorney’s Office v. Osborne Supreme Court DecisionSkinner Petition for Certiorari “DNA and Due Process,” Brandon Garrett (2010)D. Media “Justice demands fair access to DNA testing,” Stewart Greenleaaf & Tedd Nesbit (The Inquirer, April 2017)“Ohio Supreme Court rules in favor of death-row inmate Tyrone Noling; restrictions on DNA testing appeals unconstitutional,” (The Plain Dealer, Dec. 2016)“Death row inmates granted direct DNA testing through Ohio Supreme Court under new rule,” Jim Provance (The Blade, May 2017)“’Very important’ bill on post-conviction DNA testing passes through House committee,” (KSL, March 2017)V. HITS TO CLOSED CASES2018 IP Model Bill- Hits to Closed Cases bill VI. PRESERVATION OF BIOLOGICAL EVIDENCEA. Support MaterialsIP Position Statement on the Preservation of Biological EvidenceIP Preservation of Biological Evidence Fact SheetIP Model Legislation 2018 IP Model Bill- Preservation Prescriptive BillNIST Preservation Model Bill B. Federal Law and Regulations Justice For All Act Section 3600 (Post-conviction Access to Testing)Justice For All Act Section 3600A (Preservation of Evidence)Federal Regulations Guiding Section 3600AC. NIST/DOJ TWG Reports Best Practices for Evidence HandlersConsiderations for PolicymakersD. Media Denver Post “Trashing the Truth” series (2007)“Not enough room in new $555 million courthouse to store evidence in criminal cases,” Dana Littlefield (The San Diego Union-Tribune, Jan. 2017)“Locked Away,” Willoughby Mariano (Atlanta Journal-Constitution, 2015)“Drowning in DNA: State’s backlog of rape kits grows,” Rhonda Cook (Atlanta Journal-Constitution, Jan. 2017)VII. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONSA. Support MaterialsIP Electronic Recording of Custodial Interrogations Fact Sheet 2018 IP Model Legislation—Electronic Recording of Custodial InterrogationsCost EstimatesIP Primer on Recording of Custodial InterrogationsNACDL information on current jurisdictions that are recording (2016)Law and Human Behavior Articles on Custodial Interrogations “Police-induced confessions: Risk factors and recommendations,” Kassin, Drizin, Grisso, Gudjonsson, Leo & Redlich (2010)“Why Confessions Trump Innocence,” Saul Kassin (2012)“Confessions That Corrupt: Evidence From the DNA Exoneration Case Files,” Kassin, Bogart & Kerner (2012) B. Law Enforcement Support “Report: Police Experiences Recording Custodial Interrogations,” Thomas Sullivan (2004) “The Case for Videotaping Interrogations,” LA Times op-ed by Det. James Trainum (2008)Chief of Police Magazine (2005) “Tale of the Tape: Recorded Interrogations Level the Playing Field, Despite Initial Fears,” Massachusetts Lawyers Weekly (2007)International Association of Chiefs of Police Training Key C. Statements from National OrganizationsABA Resolution on False Confessions (2004)American Psychological Association Press Release on Amicus Re: False Confessions NAACP Resolution (2014)Major City Chiefs Assn Resolution (2015)NACOLE Resolution (2015)IACP Wrongful Conviction Summit ReportD. Laws and Court Action from other JurisdictionsNorth Carolina Law (2008)Oregon Law (2010)Indiana Court Rule (2011)New Jersey Court Rule (2006)Utah Court Rule (2015)Colorado Law (2016) New York Law (2017) E. Media “The Seismic Change in Police Interrogations,” Eli Hager (The Marshall Project, March 2017)“For 50 Years, You’ve Had ‘The Right to Remain Silent’,” Samuel Gross & Maurice Possley (The Marshall Project, June 2016)“Kansas needs a law to record interrogations,” Floyd Bledsoe & Eddie James Lowery (Leavenworth Times, Dec. 2016)“Police and prosecutors back Kansas bill requiring recorded interrogations,” Justin Wingerter (The Topeka Capital-Journal, Feb. 2017)“Commission: Recording interrogations key to criminal justice reform,” Bobby Cervantes (Houston Chronicle, Jan. 2017)“Let’s change old laws that harm young Californians,” Ricardo Lara & Holly Mitchell (LA Daily News, June 2017)VIII. INCENTIVIZED TESTIMONY A. Support MaterialsIP Fact Sheet on Incentivized WitnessesABA Resolution Regarding Incentivized Testimony (2005)2018 IP Model Legislation—In-Custody Informant Bill Alexandra Natapoff’s Model Legislation“Jailhouse Snitch Testimony: A Policy Review,” The Justice Project reportInformant Regulation: Recommendations & National Overview B. Different Frameworks for Informant ReformNational landscape: In-custody informant regulation 2017 In-Custody Informant Legislation Summary Illinois Informant MaterialsIllinois Statute Regulating the Use of Incentivized Informants (2003)SB 1830 (amends original law)SB 1830 Fact Sheet Letter to House members to co-sponsor bill Florida Rule of Criminal Procedure 3.220 (2014)California Law Requiring Corroboration (2012)Washington State legislative proposal from 2016 Session HB 2654HB 2654 bill analysis Fiscal NoteWritten opposition by the Washington Association of Prosecuting AttorneysLetter of support by Washington State defense attorney Kevin Curtis Letter of support by Alexandra Natapoff C. Scholarship Alexandra Natapoff scholarship resources (link to blog and book)“Beyond Unreliable: How Snitches Contribute to Wrongful Convictions,” Alexandra Natapoff (2010)Northwestern Center on Wrongful Convictions: “The Snitch System” (2004)“Abolishing Jailhouse Snitch Testimony,” Russell D. Covery (2015)D. Media California (Orange County)“2 jailhouse snitches, who were paid $335,000 over 4 years, spark new legislation,” Tony Saavedra (Orange County Register, March 2017)“Informant Says He Was Planted in Orange County Jail to Snitch,” Sharyn Alfonsi (60 Minutes, May 2017)“There’s a Jail Snitch Program In Orange County, And Here Are The Inside Memos That Detail It,” Matt Ferner (The Huffington Post, April 2017)“OC Prosecutor Who Defended DA’s Office Over Snitch Scandal Is Accused Of Covering Up Jail Informant Use,” Matt Ferner (The Huffington Post, May 2017)“Key Witnesses In A California Jailhouse Snitch Scandal Refuse to Testify,” Matt Ferner (The Huffington Post, June 2017)Texas (Harris County)“Harris County Prosecutor Lied About Deals With Jailhouse Snitches,” Meagan Flynn (Houston Press, Nov. 2016)“The Problem With Jailhouse Snitches,” Meagan Flyn (Houston Press, Nov. 2016)“How an alleged snitch scheme led Detroit police to wrongly land dozens behind bars,” Ryan Felton (Detroit Metro Times, May 2017)“Bill would require prosecutors to fess up to confidential informant deals,” Mitch Ryals (Inlander, Jan. 2017)“Justice can be tainted by use of informants’ testimony,” Barry Scheck (The Seattle Times, May 2017)“McClendon found not guilty in New Haven slaying, robbery trial,” Randall Beach (New Haven Register, March 2017)IX. STATE PLANS A. Nevada State Plan (MERI) B. New Hampshire State Plan C. Media in Support of State Campaigns “Central Park 5 calls on NY to keep innocent people out of prison,” New York Daily News (2017)“The moral imperative of preventing wrongful convictions in N.Y.,” New York Daily News (2017)“Central Park Five push for law to prevent wrongful convictions, but time’s running out,” PIX 11 (2017)X. NATIONAL DEVELOPMENTS A. NAACP Resolution: “Preventing Wrongful Convictions by Improving Accuracy in Eyewitness Interrogation Techniques and Access to DNA Testing” (2014)B. Massachusetts Major City Chiefs Resolution: “Best Practices in Eyewitness Identification and the Recording of Suspect Interviews” (2010)C. NACOLE Resolution: “Improving Police Legitimacy and Community-Police Relations through the Prevention of Wrongful Convictions” (2015)D. IACP Report: “National Summit On Wrongful Convictions: Building a Systemic Approach to Prevent Wrongful Convictions” (2013) XI. ADDITIONAL RESOURCESA. Federal Grant Programs B. Lobbying Information C. Conference Presentation Supplemental Materials Michelle Feldman power point: “The Legislative Process 2017”Joseph Eastwood Presentation Materials“The Next Stage in the Evolution of Interrogations: The PEACE Model,” Brent Snook, Joseph Eastwood, & W. Todd Barron (2014)Det. Jim Trainum Presentation Materials“’I Did It’—Confession Contamination and Evaluation,” Jim Trainum (2014)“Criminal Investigative Failures: Avoiding the Pitfalls,” D. Kim Rossmo (2006)“Case Rethinking: a protocol for reviewing criminal investigations,” D. Kim Rossmo (2014) ................
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