Raoul: 'Wrongful convictions destroy lives' at launch of AG unit to review innocence claims

With prosecutors from the four most populous counties by his side, Illinois Attorney General Kwame Raoul on Tuesday announced the establishment of a conviction integrity unit in his office – the first statewide effort to acknowledge there are people in the more than two dozen Illinois prisons convicted of crimes that they didn't commit.

Raoul, who has led the attorney general's office since 2019, said that he has long wanted to create a wrongful conviction unit.

"When I became attorney general, I knew I wanted to establish a new unit within my office that would focus on wrongful convictions to seek relief when warranted and prevent the devastation of wrongful convictions," Raoul said.

The unit will focus on hiring staff and securing the technologies to support analysis of DNA evidence. Out of the 102 counties in Illinois, only four have an independent conviction integrity unit. The conviction integrity unit will be funded for the next three years by a $1.5 million grant from Bureau of Justice Assistance at the U.S. Department of Justice.

Raoul said that his office has spent the last five years researching best practices for establishing a unit to review convictions. He said that the unit would provide support to smaller counties without the resources to investigate claims of innocence.

“Wrongful convictions destroy lives, diminish faith in our criminal justice system, and put victims and the general public at risk, as true perpetrators of crimes are able to escape punishment," Raoul said.

"As a career prosecutor and the state’s top law enforcement official, I look forward to the critical work this unit will do in collaboration with state’s attorneys and stakeholders across the state to ensure integrity in convictions.”

Even as Cook County has its own unit to review convictions, Eileen O'Neill Burke, who is set to become the county's next top prosecutor on Dec. 2 said that she would partner with the Attorney General's office.

"When we have convictions that are invalid it erodes everybody's confidence in the justice system," Burke said. "We will continue this work, and we will make sure that all of our convictions are valid."

During her eight year tenure outgoing Cook County State's Attorney Kim Foxx has reversed 253 convictions. With a team of eight reviewing convictions in Cook County, Foxx has said that these exonerations have just "scratched the surface."

Raoul said that his conviction integrity unit will investigate claims of actual innocence. With applications available in prison libraries anyone incarcerated in an Illinois prison who was convicted by an Illinois state court as an adult of a forcible felony can petition for post-conviction review.

Raoul says the unit will conduct collaborative and good-faith case reviews to ensure the integrity of challenged convictions and remedy wrongful convictions.
In order for the unit to review a case, an applicant must meet certain criteria, including: 

• Having been convicted by an Illinois state court and currently incarcerated for the conviction for which he or she asserts a claim of actual innocence. “Actual innocence” means the applicant claims to have had no criminal responsibility in the offense for which they were convicted and can provide new, credible evidence to substantiate their claim.
• Having been convicted of a forcible felony, which must involve the use or threat of physical force or violence against an individual that results in great bodily harm, such as murder, criminal sexual assault or aggravated battery.
• There must be newly-discovered and credible evidence that supports the claim of actual innocence.
• The case cannot currently be on appeal or with the state’s attorney for post-conviction reviews.

Upon receiving an application, the unit will determine whether it meets the eligibility criteria. If the unit accepts a case for a more thorough evaluation, a full investigation is conducted to establish whether a wrongful conviction has occurred.

A recommendation is made about whether relief is necessary and what remedies to pursue. If there is a substantial probability of actual innocence – meaning the totality of evidence is either irrefutable or satisfactorily compelling – the unit will work with the local state’s attorney to determine whether it is in the interest of justice to seek relief from a conviction.

Raoul said that any claims of official misconduct by prosecutors, defense attorneys, law enforcement officials or other government employees uncovered during its investigations will be reported to the appropriate authorities.

The unit will also study and collect data on the causes of wrongful convictions in Illinois in an effort to improve state policies and procedures to prevent future wrongful convictions and strengthen confidence in the criminal justice system. 

Stay tuned for updates to this story.