Indiana’s First Conviction Integrity Unit

There have been approximately 2,775 wrongful convictions proven in the United States. Experts believe these cases represent a small fraction of the true number of people wrongfully convicted. Conviction integrity units (“CIU”) are fairly new to the exoneration network but are making an impact on the exoneration of wrongfully convicted people. A CIU is a division of a prosecutorial office that attempts to identify and remedy wrongful convictions.

Indiana’s first CIU has just opened in Marion County. Two former public defenders now work for the Marion County Prosecutor’s Office Conviction Integrity Unit. The unit will review and investigate felony convictions from Marion County with credible claims of innocence/wrongful conviction. The CIU’s focus will be on claims that could exonerate the defendant. The defendant, a family member or friend, or the defendant’s attorney may submit a petition requesting the CIU review the defendant’s case. Copies of a blank petition can be found on the CIU’s website (here).

Upon receipt of a petition the CIU will decide whether the case meets the minimum qualifications and merits further investigation. If it does, the CIU will conduct the necessary investigation and make a final recommendation to an advisory panel. The elected prosecutor decides what action, if any, should be taken.

The CIU’s process has no timetable, although incarcerated defendants will be given priority. This is not unusual; each case is unique, and estimating the time the process will take would be difficult. Also worthy of noting, the petition requires defendants to agree to a number of conditions, so defendants should review the conditions carefully before requesting review. More detailed answers to the most frequently asked questions about the CIU can be found here.

As an appellate and post-conviction practitioner, I am excited to see the wonderful work the CIU will accomplish. My hope is that the CIU’s work will not only remedy wrongful convictions but also shed light on where the system failed those who were wrongly convicted.