our policy work
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Our work extends beyond bringing innocent people home and supporting individuals and families after the trauma of long-term incarceration. We also work to change policy to prevent future injustices and heal harms. We do this through judicial and legislative policymaking. Our policy work recognizes that systemic harms require systemic approaches. We bring our expertise as criminal practitioners to address the issues our communities face at the local level.
Judicial Policymaking
Judicial Policymaking is the term we use to describe the work we do to change court rules and “common law,” the law that comes from court decisions.
As one example, through our participation over the last decade in the Supreme Judicial Court’s Study Group and Standing Committee on Eyewitness Identification, we have played a substantial role in changing how Massachusetts courts treat eyewitness identification evidence, one of the leading causes of wrongful convictions.
our amicus work
Whenever the Court makes a decision in an individual case, it has the power to change the law for everyone. Our amicus work allows us to use our knowledge and expertise to help shape these decisions by providing information about how the court’s decision might impact our community, helping to prevent future tragedies and create more freedom.
In addition, we file “amicus” briefs to courts to provide information about how the court’s decision might impact our community and recommend decisions that support freedom and justice. These amicus filings require significant time and expertise, and we often work in coalition with other groups in order to make the biggest impact. Just some of the many areas in which we have weighed in as amicus are the following: Racial profiling, Eyewitness misidentification, Official misconduct, Ensuring more paths to freedom, Flawed or misleading forensics, and wrongful convictions of immigrants.
A few examples of the significant impact of our amicus work in a number of Court decisions:
Commonwealth v. Gaines:In affirming the lower court’s decision to grant Mr. Gaines a new trial, the Court found that new science on eyewitness identificationqualifies as newly discovered evidence that could lead to relief for those convicted on the basis of unreliable eyewitness identifications.
Commonwealth v. Mercado: Building on its decision in Gaines, the Court emphasized that Massachusetts courts did not sufficiently understand critical advancements in eyewitness identification science until 2015. This opens the door for individuals convicted as a result of eyewitness misidentification before 2015 to present developments in eyewitness identification science as newly discovered evidence, opening new pathways to freedom.
Commonwealth v. Rogers: The Court reaffirmed the power of judges to reduce unjust verdictsat any time after a conviction by rejecting a time limit to seek this form of relief. Being able to go back to court at any time after a conviction enables some people to have their cases / sentences reexamined and could mean more freedom.
Read about all of our amicus work here.
Legislative Policymaking
Legislative Policymaking is the term we use to describe the work we do with state legislatures. This work is more limited because legislative policy only plays a role in certain areas of our work; however, our efforts there are nevertheless critical.
Our legislative work supported the creation of the Massachusetts Forensic Science Oversight Board, an entity on which we have a seat and that oversees forensic science, an area that has led to many wrongful convictions.
In addition, we have fought consistently for improvements in the compensation paid to people wrongfully convicted for all they have suffered.
We are also pushing lawmakers to ban police officers from lying during interrogations to prevent false confessions.
Read more about the specific bills that we have pushed forward:
Massachusetts Interrogation Bill: An Act Preventing False Confessions (H.1847 / S.1136)
New Hampshire Bill: Expanding the Time to Petition for a New Trial (SB141)
Your support means everything.
Supporting this work enables people who have suffered so much to build a future in freedom, become active in their communities, and create memorable moments—such as raising children, holding their grandchildren, reuniting with their partners, mourning those they have lost while incarcerated, and spending cherished time with their families.
