New Center at Duke Law School to Focus on Criminal Justice, Professional Responsibility

Addressing problems in the North Carolina legal system highlighted by the Duke lacrosse case, the center will incorporate and expand the law school’s Wrongful Convictions Clinic and Innocence Project.

Wednesday, September 19, 2007

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Duke University will invest $1.25 million over the next five years for its law school to establish a center devoted to the promotion of justice in the criminal justice system and the training of lawyers to fight against wrongful convictions, President Richard H. Brodhead announced Wednesday.

Addressing problems in the North Carolina legal system highlighted by the Duke lacrosse case, the center will incorporate and expand the law school’s Wrongful Convictions Clinic and Innocence Project, which investigate credible claims of innocence made by convicted felons in North Carolina and work to raise public awareness of systemic problems in the criminal justice system that lead to wrongful convictions.

“The lacrosse case attracted a lot of publicity, but is not the only case in which innocent people have suffered harm through the state’s legal system,” said Duke Law Professor James Coleman, who led a university committee that examined the lacrosse team’s behavior apart from the case and later was prominent in criticizing the actions of former Durham District Attorney Mike Nifong.

Coleman and Associate Dean Theresa Newman, who co-teach the Wrongful Convictions Clinic and serve as faculty advisors to the law school’s student-led Innocence Project, are expected to play key roles in the development of the new center. They are leaders in law reform efforts surrounding the issue and serve on the North Carolina Chief Justice’s Criminal Justice Study Commission (formerly named the North Carolina Actual Innocence Commission).

“Three of our students suffered a grave injustice at the hands of the legal system, and we were relieved when their innocence was finally established,” Brodhead said. “Nonetheless, their ordeal reminded all of us that our legal system is imperfect and innocent people can be accused unfairly. I am determined that we will make some good come out of the grave injustice that took place. We are fortunate to have on our own campus a program that already is a leader on this issue and will now be able to expand its work substantially through this new center.”

The center will expand the existing Wrongful Convictions Clinic to include an undergraduate course on the causes and remedies for wrongful convictions and mini-courses taught by experts in areas such as forensic science, eyewitness identifications and false confessions. The work of the students in investigating prisoners’ claims of wrongful conviction will be guided by law school experts and assisted pro bono by Duke Law alumni and other lawyers.

An important part of the center will be a public policy initiative that examines issues relating to criminal justice and professional responsibility. Coleman said the associated faculty, students and fellows will participate in efforts to reform the criminal justice system and prevent wrongful convictions, such as by providing expert testimony in support of legislative reforms, drafting model legislation and filing amicus curiae briefs.

In addition, Coleman said the center will offer summer and postgraduate fellowships for students and others to assist the clinic and undertake scholarly research relating to criminal justice. It also will bring criminal justice professionals and journalists to Duke to participate in roundtables and short-term seminars on criminal justice. The center also may sponsor public education programs, and its website and publication will bring its activities and related issues to wider audiences.

The new center was recommended to Brodhead and Provost Peter Lange, the university’s senior academic officer, by law school Dean David Levi, who is a former prosecutor and federal judge.

“We know that our criminal justice system is not perfect,” Levi said. “It is subject to human error, misconduct and other distortions of the truth-seeking process. As a former prosecutor and judge, I know that no honorable prosecutor seeks the conviction of the innocent.

“A university law school like ours has a unique responsibility and opportunity to address such problems, to increase public awareness of them and to assist those who are wronged by flaws in the system,” Levi added. “By doing so, we also assist the victims of crime and their families who place special reliance on the integrity of the criminal justice system. This new center at Duke represents a major commitment by the university and the law school to the pursuit of criminal justice.”

Duke Law School’s Innocence Project and Wrongful Convictions Clinic will continue to collaborate with the North Carolina Center on Actual Innocence, an independent non-profit organization founded in 2000 to heighten communication and coordination between Duke’s Innocence Project and a similar project at the University of North Carolina School of Law. The North Carolina Center helped establish Innocence Projects or similar programs at all of the other law schools in North Carolina -- at North Carolina Central University, Campbell University, Wake Forest University, Elon University and the Charlotte School of Law.
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A Fall 2005 Duke Law Magazine article about the Innocence Project is online at http://www.law.duke.edu/magazine/2005fall/features/innocenceindex.html.