2 CLE CREDITS

It seems like every day we learn about another case where a prisoner is exonerated after years of incarceration. Indeed, people being convicted of crimes for which they are in fact innocent has become one of the headline stories of America's criminal justice system. What recourse do these former-inmates have after being released from prison in order to obtain redress for their wrongful confinement?

The answer: the New York State Court of Claims Act 8-b - also known as The Unjust Conviction and Imprisonment Act of  1984. This Act allows wrongfully convicted defendants who have served all or part of their sentence to seek compensation from the State if certain requirements have been met.

In this course, attorney Ameer Benno will introduce you to the litigation of unjust conviction cases in New York. This course provides an overview of the legal landscape of these claims, with emphasis on the numerous procedural and substantive pitfalls facing lawyers who litigate these challenging cases.

LEARNING OBJECTIVES

• Be able to distinguish a viable unjust conviction claim from one that is destined to fail
• Become acquainted with the elements of an unjust conviction claim and how the courts have interpreted those elements
• Comprehend the unique and strictly enforced pleading requirements of these claims 
• Gain insight on Court of Claims practice, the most frequently encountered discovery issues and how to address them
• Examine the interplay between unjust conviction claims and other civil rights claims, such as Section 1983