Capital Case Litigation Initiative

 

Goals: Capital Case Litigation Initiative (CCLI) ? Provide training and technical assistance to prosecutors and defense attorneys? litigation capital cases. Wrongful Conviction Review Program ? Review individual post-conviction claims of innocence, prevent wrongful convictions and where possible identify the actual perpetrator(s) of a crime. Objectives: 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 who represent the public and the defense attorneys who represent indigent defendants in state capital cases. Wrongful Conviction Review Program - The Upholding the Rule of Law and Preventing Wrongful Convictions Program (URLPWC) is a site based and Training and Technical Assistance (TTA) program committed to protecting the unwavering integrity of the criminal justice system and the consistent application of due process for all. The URLPWC Program supports efforts by both conviction integrity or review units and entities that represent individuals with post-conviction claims of innocence to review individual cases of post-conviction and appeals claims of innocence. Where possible, the program seeks to identify and apprehend actual perpetrators of crimes who eluded prosecution and bring justice to victim(s), thereby enhancing public safety and security.

General information about this opportunity
Last Known Status
Active
Program Number
16.746
Federal Agency/Office
Office of Justice Programs, Department of Justice
Type(s) of Assistance Offered
B - Project Grants
Program Accomplishments
Fiscal Year 2016 An evaluation is currently being conducted to demonstrate the impact of the Wrongful Conviction Review program.
Fiscal Year 2018 An evaluation is currently being conducted to demonstrate the impact of the Wrongful Conviction Review program.
Authorization
Public Law 116-6, 34 U.S.C. 60301-60306, Statute 133,13, 112
USC 28 530C
Who is eligible to apply/benefit from this assistance?
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. SS 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.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is required. 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/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf.
Application Procedure
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.
Award Procedure
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 location, as appropriate for application deadlines
Approval/Disapproval Decision Time
From 30 to 60 days. Applications will generally be approved or denied within 60 days of receipt of a complete application.
Appeals
Not applicable.
Renewals
Subject to congressional appropriation.
How are proposals selected?
Criteria are described in the OJP Program Announcement available at http://www.ojp.gov/funding/solicitations.htm.
How may assistance be used?
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 prosecutors' 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.
What are the requirements after being awarded this opportunity?
Reporting
Performance Reports: 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.
Auditing
Not applicable.
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.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing.
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/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).
Who do I contact about this opportunity?
Regional or Local Office
None/Not specified.
Headquarters Office
Angela Williamson (CCLI) & Elizabeth Griffith (WCR)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
810 7th Street, NW
Washington, DC 20531 US
AskBJA@usdoj.gov
Phone: 202-616-6500
Website Address
https://www.bja.gov/ProgramDetails.aspx?Program_ID=52
Financial Information
Account Identification
15-0404-0-1-754
Obligations
(Project Grants) FY 18$2,684,411.00; FY 19 est $5,000,000.00; FY 20 est $3,000,000.00; FY 17$2,258,304.00; FY 16$2,212,804.00; -
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.).
Examples of Funded Projects
Fiscal Year 2017 CCLI: Funded TTA providers to develop and deliver trainings to prosecutors and defense attorneys who litigate capital cases. Wrongful Conviction: Provide funding to a TTA provider to provide TA, do an evaluation and create partnerships and deliver assistance in the area of Conviction Review Units. Site based awards were made to innocence projects to review cases of individual claims of innocence.
Fiscal Year 2018 CCLI: Funded TTA providers to develop and deliver trainings to prosecutors and defense attorneys who litigate capital cases. Wrongful Conviction: Provide funding to a TTA provider to provide TA, do an evaluation and create partnerships and deliver assistance in the area of Conviction Review Units. Site based awards were made to innocence projects to review cases of individual claims of innocence.
Fiscal Year 2019 CCLI: Same as previous years. Wrongful Conviction: This year’s funding is projected to go to a TTA provider who can work with prosecutor’s in developing, implementing and improving conviction review units. Sites based awards will go to either CRUs or Innocence Projects who are working together to review individual claims of innocence and mitigate factors that contribute to wrongful convictions.

 



Federal Grants Resources