Capital Case Litigation Initiative

Capital Case Litigation Initiative (CCLI) - In an effort to improve the quality of legal representation and to ensure reliable jury verdicts in state capital cases, the CCLI seeks to improve the quality and effectiveness of representation in death penalty cases through training for both the prosecutors

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who represent the public and the defense attorneys who represent indigent defendants in state capital cases.

Wrongful Conviction Review Program - The objective of the Wrongful Conviction Review Program is to provide high quality and efficient representation for defendants in post-conviction claims of innocence.

Post-conviction innocence claims are likely to include complex challenges to the reliability or accuracy of evidence presented at trial that fall mainly into three categories: 1) eyewitness identification evidence; 2) confession evidence; and 3) forensic evidence.

In some cases, post-conviction DNA testing alone can establish innocence, but the majority of cases will rely on other forms of evidence, and many will involve DNA testing together with additional sources of proof and/or expert testimony, which may be extremely costly.

Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.


Relevant Nonprofit Program Categories





Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Oklahoma City University $ 300,000   2020-10-012022-09-30
Loyola Marymount University $ 300,000   2020-10-012022-09-30
Executive Office Of The State Of Iowa $ 299,234   2020-10-012022-09-30
Judiciary Courts Of The State Of Michigan $ 294,820   2020-10-012022-09-30
Committee For Public Counsel Services $ 349,351   2020-10-012022-09-30
Innocence Project Of Florida, Inc. $ 299,981   2020-10-012022-09-30
California Western School Of Law $ 291,891   2020-10-012022-09-30
Arizona Justice Project $ 226,250   2020-10-012022-09-30
Great North Innocence Project $ 299,648   2020-10-012022-09-30
Innocence Project New Orleans $ 299,994   2020-10-012022-09-30



Program Accomplishments

Fiscal Year 2016: An evaluation is currently being conducted to demonstrate the impact of the Wrongful Conviction Review program. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

Capital Case Litigation Initiative (CCLI): Funds are given to States that currently enforce their death penalty statutes or to a national organization capable of providing training and technical assistance.

CCLI funds may not be used to fund, either directly or indirectly, representation in, or prosecution of, specific capital cases.

Wrongful Conviction Review Program: Funds are awarded to institutions of higher education, non-profit organizations with missions dedicated (in whole or in part) to exonerating the innocent, to state or local public defender offices, to public and nonprofit organizations that have experience and expertise in providing representation to wrongfully convicted defendants in post-conviction claims of innocence cases, as well as providing training and technical assistance on the subject.

Funds may not be used to supplant State and local funds.

Eligibility Requirements

Applicant Eligibility

Capital Case Litigation Initiative: Applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct prosecutions in which capital punishment is sought.

For the state agency to be eligible, its state must have an ?effective system? for providing competent legal representation for indigent defendants in capital cases.

An ?effective system? is defined in 42 U.S.C.

14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases either: (A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors; or (C) Pursuant to a statutory procedure enacted before the date of the enactment of the CCLI Act [October 30, 2002] under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity.

Wrongful Conviction Review Program - Eligible applicants are limited to institutions of higher education, non-profit organizations with missions dedicated (in whole or in part) to exonerating the innocent, to state or local public defender offices, as well as to public and nonprofit organizations that have experience and expertise in providing representation to wrongfully convicted defendants in post-conviction claims of innocence cases.

Beneficiary Eligibility

Capital Case Litigation Initiative: Defense counsel, prosecutors and judges in the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands that currently enforce their death penalty statutes. Wrongful Conviction Review Program: State or local government public defenders and non-profit organizations dedicated to exonerating the innocent.

Credentials/Documentation

The applicant must submit a completed Application for Federal Assistance (Standard Form 424), including signed assurances that it will comply with statutory and administrative requirements. By certifying on-line, the authorizing signing official is also assuring that all Federal certifications and assurances are being met. The certification and assurance forms (Assurances, OJP Form 4000/3 and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements, OJP Form 4061/6) are provided on-line to allow applicants to review and accept them electronically. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

No formal preapplication coordination is required.

While informal preapplication coordination is not required, it is encouraged that applicants coordinate with any facilities for which they have responsibility to detain or incarcerate undocumented criminal aliens. The application of E.O.

12372 is contingent upon whether the state has designated an entity to coordinate and review proposed federal financial assistance.

See list of states that require this at: https://www.whitehouse.gov/omb/grants_spoc.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applicants must submit completed applications via the Office of Justice Programs, Grants Management System (GMS) or through grants.gov following established criteria. The receipt, review, and analysis of applications will follow Office of Justice Programs policies and procedures for the administration of grant applications. Specific application instructions for solicitations are available at the Office of Justice Programs web site (http://www.ojp.gov/funding/solicitations.htm). Faxed or mailed applications or supplemental materials will not be accepted. The 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Uniform administrative requirements apply to all OJP grants. The cost principles are generally applicable, except with respect to for-profit entities or to organizations listed at Appendix VIII to 2 CFR Part 200. Audit requirements are dependent upon the amount of the award and whether the grantee is a for-profit or non-profit entity.

Award Procedures

All applications will be peer reviewed. The BJA Director will then make award recommendations to OJP's Assistant Attorney General, who will make a final determination. Upon approval by OJP's Assistant Attorney General, successful applicants are notified via the Grants Management System. One copy of the grant award must be signed by the authorized official and returned to the Office of Justice Programs.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

42 U.S.C. Section 14163 and 14163a.

Range of Approval/Disapproval Time

From 30 to 60 days. Applications will generally be approved or denied within 60 days of receipt of a complete application.

Appeals

There are no appeal rights for rejection of a discretionary application, see section 28 Code of Federal Regulations (CFR) Part 18.

Renewals

Subject to congressional appropriation.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program. Matching requirements are not applicable to this program. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

The terms for these grant program budget periods range from 12 to 24 months. See the following for information on how assistance is awarded/released: See the following for information on how assistance is awarded/release: Department of Justice Grants Financial Guide (http://www.ojp.gov/financialguide/DOJ/index.htm) and Post Award Instructions (http://ojp.gov/funding/Implement/Resources/PostAwardInstructions.pdf).

Post Assistance Requirements

Reports

Program reports are not applicable.

Cash reports are not applicable.

Recipients are required to submit semi-annual Progress Reports.

Recipients are required to submit quarterly Financial Reports in accordance with the Department of Justice Grants Financial Guide (http://ojp.gov/financialguide/DOJ/index.htm).

To assist in fulfilling the Departments responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111?352, recipients must provide data that measures the results of their work.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

Records

In accordance with the requirement set forth in 2 CFR 200, Subpart F, grantees must maintain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least 3 years following the close of the most recent audit.

Financial Information

Account Identification

15-0404-0-1-754.

Obigations

(Project Grants) FY 16 $2,212,804; FY 17 est $0; and FY 18 est $2,500,000

Range and Average of Financial Assistance

See the current fiscal year?s solicitation available at www.bja.gov.

Regulations, Guidelines, and Literature

Solicitation guidelines are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/solicitations.htm. For additional guidance reference the Department of Justice Grants Financial Guide (http://ojp.gov/financialguide/DOJ/index.htm) and Post award Instructions (http://ojp.gov/funding/Implement/Resources/PostAwardInstructions.pdf). Applicable administrative requirements and Department of Justice regulations applicable to specific types of grantees can be found in title 2 of the Code of Federal Regulations (2 C.F.R.).

Information Contacts

Regional or Local Office

None.

Headquarters Office

Priva Sarathy Jones, Angela Williamson (Forensics) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 810 7th Street, NW, Washington, District of Columbia 20531 Email: AskBJA@usdoj.gov Phone: 202-616-6500

Criteria for Selecting Proposals

Criteria are described in the OJP Program Announcement available at http://www.ojp.gov/funding/solicitations.htm.



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