The Criminal Justice Project

The director of the Criminal Justice Project is Professor Siegel, who also serves as Co-Director of the Center for Law and Social Responsibility. Professor Siegel's work through the Criminal Justice Project includes the handling of pro bono criminal cases (on which students assist with research), participation in the development of the New England Innocence Project (NEIP), in which students research and investigate cases of wrongfully convicted persons to secure their exoneration, development of legislation to improve the accuracy of the criminal justice system, and training criminal justice professionals in these areas.

The pro bono work includes the representation, along with members of a large Boston law firm, of an inmate seeking the testing of evidence in his case, in order to pursue the inmate's claim of wrongful conviction. The claims of the inmate were profiled on ABC's 20/20, and the Worcester Telegram-Gazette. The NEIP work includes participation in the development of the NEIP, along with four other area law schools and over a dozen outside lawyers. NESL students are able to participate in the work of NEIP through volunteer positions in which they conduct case screening and research. Students in his Mental Health Issues in Criminal Proceedings seminar perform research and writing on projects arising from practitioners and researchers in the field.

Professor Siegel has written articles on the history of the mental health defense of diminished capacity in criminal law and the ethical obligations of criminal defense lawyers when their former clients claim they were ineffective, as well treatise chapters on mental health issues in criminal law and the law of juvenile transfers.

2006 Report of Activities

  • Professor Siegel continued his work with the New England Innocence Project, serving as both a Trustee and Secretary to the project. In this capacity, he guided a number of New England students through volunteer internships. The student interns worked on cases of persons who claim they have been wrongfully convicted.
  • As chair of the New England Innocence Project's Amicus and Policy Committee, Professor Siegel drafted an amicus brief on behalf of independent scholars and scientists concerning fingerprint reliability and submitted it to the SJC in Commonwealth v. Patterson. The brief was subsequently published in the Criminal Law Bulletin. Professor Siegel also submitted written testimony to the Rhode Island Senate Judiciary Committee addressing the mandatory electronic recording of custodial interrogations.
  • Professor Siegel continued his work with the Suffolk Lawyers for Justice, Inc., where he serves as a Trustee. As Chair of the SLJ's Law Reform Committee, and on behalf of the New England Innocence Project, in 2004 Professor Siegel filed an amicus brief with the SJC in Commonwealth v. DiGiambattista. This year Professor Siegel authored an article on the case which was published in Massachusetts Law Review.
  • Professor Siegel continued his work on a project with the University of Massachusetts Medical School involving his research in police access to hospital patients. He also continued a seven year program of assisting in U. Mass. Medical School's Law and Psychiatry Program's annual mock trial. Professor Siegel also coauthored an article on the subject of police access to patients, which was published in the Journal of the American Medical Association.
  • Professor Siegel hosted a LawMatters Discussion entitled "Executive Authority – The Constitution & Terror." The Constitutional Law professors of New England School of Law participated in this open discussion among professors and students.

Pro Bono Cases

Arkansas v. Sullivan:
U.S. Supreme Court Petition in Opposition to Certiorari [PDF]
U.S. Supreme Court decision: Arkansas Supreme Court decision on Remand

Commonwealth of Massachusetts v. DiGiambattista:
Brief of Amici Curiae [PDF]
"SJC mulls taping of suspect interviews" - Boston Globe, 4/9/2004

Legislation

Professor Siegel drafted this bill, the Post Conviction Access to Forensic and Scientific Analysis Act, which has been introduced in the Massachusetts Senate as S. 178 and the Massachusetts House as H. 750 to ensure orderly and reliable access to forensic evidence and testing by persons who claim they were wrongfully convicted.


Presentations & Trainings