Field Placement
Academic Year/Summer
Faculty Supervisor
Supervising Attorney
Caitlin Carpenter
Prerequisite
Professional Responsibility, Trial Practice
Pre-Requisite or Co-Requisite
Criminal Procedure - Investigative, Criminal Procedure - Adjudicative
Recommended
Habeas Corpus
Areas of Emphasis
Criminal Law; Post-Conviction Litigation; Fact Investigation and Development; legal research and writing; complex post-conviction litigation; client communication
Sample Projects
- Complete pre-litigation/litigation preparation to seek DNA testing in innocence case
- Review and analysis of trial and appellate record in innocence case
- Evaluate inmate innocence claims
- Correspond with inmates and investigate case
- Research legal issues for preparation of appellate brief.
General Information
The Montana Innocence Project (MTIP) is a statewide nonprofit organization dedicated to exonerating the innocent and preventing wrongful convictions in Montana. Using DNA and other evidence, MTIP provides the charitable legal and investigative assistance necessary to pursue credible claims of innocence. Innocence Projects nationwide have helped to free hundreds of wrongly convicted Americans, including three Montanans.
Students in this placement assist in the initial screening, research, development and litigation of innocence claims. Where appropriate, Ñý¼§Ö±²¥ are assigned to further investigate and address two key questions: 1) whether the innocence claim is credible and provable; and 2) whether there are legal avenues through which to pursue the innocence claim. Instruction addresses the laws and procedures governing attempts to reopen cases, including state and federal habeas practice, claims of new evidence, and ineffective assistance of counsel. It also includes other essential components of criminal appellate practice, including review of trial documents and transcripts, evaluation and research of legal issues, brief writing, and skills in oral argument. The interdisciplinary Innocence Project placement also engages UM journalism Ñý¼§Ö±²¥ in case investigation, and Ñý¼§Ö±²¥ may have an opportunity to collaborate on cases. Besides working on individual cases, Ñý¼§Ö±²¥ will gain a broader understanding of wrongful convictions and how to address and prevent them.