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Estimated Innocence DIY instructions
- Steph Turner
- Apr 27
- 41 min read
Updated: 2 hours ago
You can use the Estimated Innocence Form to complement those forms required by innocence litigators. You can ask your local innocence project of conviction integrity unit if they’re open to utilizing this either in lieu of their own forms, or more likely in addition to their case forms. Or use it to set up our alternative process in case the adversarial legal process fails you again.
You will need a working copy of Excel for this. This pilot version uses an Excel spreadsheet to test its viability.
After filling out one those long paper forms to interest an innocence project in your case, you repeatedly get turned down. You know how they favor cases that they can more easily get a reversal in court. Yours simply was not one of those low hanging fruit they prefer.
You’re understandably disillusioned with the innocence movement. You’re already disillusioned with the adversarial judicial process. And with lawyers. Perhaps you’ve met lawyers also disillusioned with lawyering.
Why bother estimating wrongful conviction claims
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This guide applies best on a desktop computer or laptop. Some of this may not work as well on a mobile device.
You can enlarge each page image below by clicking on it.
Why bother estimating wrongful conviction claims
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As you fill in the items calculating how much your case matches those already exonerated, you see your viability score increase on the right.
Weak claim: If you get a raw score of 19 or less, this alternative may not help you much.
Poor claim: If your raw score sits from 20 to 39, validating your claim could raise it significantly.
Fair claim: If your raw score is 40 to 59, validating your claim could help raise it enough to question the reliability of the conviction.
Good claim: If your raw score is 60 to 79, you're already on your way to cast sufficient doubt upon the reliaility of the conviction.
Strong claim: If your raw score is 80 to 99, great! No one gets a perfect score of 100%.
While the formula to arrive at this estimate is not yet scientifically sound, it provides a reliable starting point. Mostly by comparing cases. Its early use can help improve it, and eventually ground it in more scientifically valid measures.
Let's showcase your innocence
If your innocence claim scores high, consider letting us publicize your viable case of actual innocence.
When ready to upload your completed spreadsheet form, click this PUBLICIZE MY INNOCENCE button. You will return to the landing page where you likely saw this image at the right before. Click that page's “Publicize my innocence” button and fill out the form that pops up.
Helping the judicial system produce more just outcomes
Estimating the viability of each innocence claims provides the adversarial judicial process opportunity to improve their legitimacy.
That’s one of many aims for this tool. Its purpose can potentially fulfill these dozen aims.
Aim #1. To provide innocence claimants with an instant estimation of the viability level of their innocence claim.
Aim #2. To provide claimants with independent verification of their acclaimed innocence.
Aim #3. To provide an alternative to the slow, resistant adversarial process weighed down with conflicts of interest.
Aim #4. To springboard investigations into overlooked justice needs, such as identifying the actual perpetrator.
Aim #5. To improve the efficiency of innocence projects, and others in the innocence movement, to process numerous innocence claims.
Aim #6. To increase the transparency of the process to identify and clear innocent prisoners and other wrongly convicted.
Aim #7. To raise the standard of justice from a failed win-lose binary to identifying degrees of certainty in adjudicated outcomes.
Aim #8. To identify and address all affected needs impacted by the adversarial criminal judicial process.
Aim #9. To identify the scope of the unexonerated problem to improve funding revenues for those still not keep pace in addressing the full problem.
Aim #10. To collect data to identify patterns contributing to wrongful convictions, that can then be used to inform relevant policies.
Aim #11. To enforce accountability for public safety outcomes and impacts with a more rigorously disciplined process.
Aim #12. To correct overemphasis upon individuals by balancing focus between violent individuals and systems of violence.
We brace ourselves for possible resistance to this new way of addressing justice needs. We can send our open letter to all judicial officials inviting their adoption of this more effective alternative to their black-and-white myopic approach.
We then assess their responsiveness to this proposed improvement. They can either engage us to improve just outcomes, or risk being left behind.
Proxy
Any innocence claimant still under state custody, and unable to access the Internet, will have to assign someone they can trust to serve as their proxy. You can think of this as granting someone the power of attorney.
Paper form
What if the innocence claimant remains under state custody and denied adequate access to the Internet? Then have someone they trust who does have access to this online form to first send them this paper form.
Have the claimant fill out as much as they can, then mail the paper form back to you. Then you or someone the claimant trusts can transcribe the info into the spreadsheet form.
Free peer support
If you have a question about the EIF not covered by these instructions, you can seek answers from others more familiar more with it.
“If you have any question how to use the Estimated Innocence Form, go ahead and ask them here.” You just have to sign up to become a member of Anankelogy Foundation.org.
Simply follow the forum’s guidelines. Much like the group rules you see in almost any Facebook group.
Post your questions and concerns. Answer the posted questions from others. Help each other optimize this free tool for publicizing your innocence. To enter, click the button below.
See below for detailed instructions for how to save this tool as a PDF.
Your spreadsheet tabs
The spreadsheet pilot includes six tabs. The instructions below apply to the first tab, which opens by default.
EIF draft E01: the full Estimated Innocence Form, plus the Using your Estimated Innocence section.
EIF E01 sample: the full Estimated Innocence Form filled in by the tool’s creator, to demonstrate how it can be used.
EIF E01 NOVI: Notification of Verifiable Innocence to summarize the findings in one page.
EIF E01 COVI: Certificate of Verifiable Innocence, more easily viewed and to print.
EIF E01 EIR: Estimated Innocence Report, more easily shared with others.
EIF E01 CQR: Conviction Quality Report, to send to innocent litigators as a helpful summary of what they may need to find.
Page by page instructions
Click on any page images below to zoom in and see it in detail. The form spans from page 8 to page 39. The portions for calculating the viability of innocence span from page 12 through page 32.
General Instructions <> NOVI - p1
When first opening the document, you see its GENERAL INSTRUCTIONS.
After filling out the form below, this changes to a Notification of Veerifiable Innocence, or NOVI for short.
This is also available as a separate tab. The NOVI tab.
COVI (sideways) - p2
This also changes after you complete the form.
Find the horizontal version in the COVI tab. You can use either version
Estimated Innocence Report - p3 to p7
a raw score and an adjusted score at the top, both at zero.
You don't fill in any of the blanks here. Scroll down to page six to start using this form.
After you finish filling in the data below, these first five pages become your summary report of viable innocence.
Navigation
The seventh page provides you a navigation menu. Click on the letter in the left column to instantly go to that page.
For example, click on "C.2" to go immediately to "Evidentiary factors" below. Return to this menu line by clicking the "C.2" in that page's header.
Clicking on any page header's title returns you to top of the document. Other navigation links are availble. Look for arrows to take you quickly back and forth between these display pages and the entry fields below.
This is how this first first section appears before you start filling in the form.
SAMPLE "EIR" pp 3 - 7
A. Case information - p8 to p11
Here is where you spill the beans. Fill in the fields to showcase the basic material of your case. Provide as much detail as you can.
You likely have not thought about these details in a while. Some of this stuff likely brings up a lot of pain, which you may prefer to just forget. But your pain is not the problem as much as this persisting threat your pain keeps warning you about.
We suggest you process these details with a little help from a friend. Perhaps a family member. Or a counselor. Once we credential need-responders, we could potentially serve you as a source of emotional support.
If filling out the paper form while sitting in a prison cell, you understandably cannot process each point with your loved one in the free world. Do what you can and jot down some of your painful feelings coursing through you.
“Disturbing. Frustrating. WTF? Should never have happened that way!” Then find some way to debrief these emotions. Perhaps during your next visit. Or in a letter.
If transcribing this info from your incarcerated loved one, you too may find this emotionally taxing. You may feel shocked by some of it. Or remember some details differently.
Need-response can help build your resilience to endure emotional pain. Let’s work together to turn these challenges into opportunities for growth and redemption, on our way toward exoneration.
SAMPLE Case Information pp 8 - 11
Now onto helping to prove your innocence believability.
B. Documentation for verification - p12 to p16
This section helps you improve the veracity of your innocence claim with available documentation of 14 relevant items.
Respond only to the elements relevant to this innocence claim. For each of these 14 items, select from the dropdown list the level of availability for that item.
By URL [entered into the field] below, searchable text (best)
By URL below, audio/visual (great)
By URL below, image only (good)
By email below (fair)
Not at this time (poor)
Not applicable (okay)
You will immediately see a percentage number to the right. This number will steadily climb as you add relevant elements as you go do down the form.
The single-line white field is for adding any URL links for others to check the available document. The larger white field serves as optional space for including any contextual information. Simply skip it if you don’t need to explain anything to those who may later help verify your innocence claim.
After selecting a dropdown list level of verification availability, you will see added text below in purple: “SUPPORTER REVIEW: Prepare for Independent Verifier”.
If you know the number of pages for the document, please include that count in the “How many pages?” field on the left. The page count helps to estimate how long it may take to go through it to verify the innocence claim, which you see at the right.
If the availability level includes a URL, select if that URL works from the dropdown listed provided in the middle.
link does not work
link works poorly
link works, item(s) not found
link works, all item(s) found
other (describe in box above)
Simply skip each item not relevant to your case.
Hopefully you can support your innocence claim with available documents. This raises your “adjusted score”. Think of the raw score as your own assertion. And the adjusted score verifying your assertions.
If you do not have access to your trial transcripts or case documents, that could undermine improving your adjusted score. We will then lean into your raw score.
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1. Trial transcripts. If you can provide access to your trial transcripts, this goes a long way to independently validate your asserted innocence. Even if no one invests the time to go through them, simply making them transparently available boosts your credibility.
2. Discovery documents. Like the search warrant, officer notes, and lab reports.Include as many as you have available. Especially if covering your innocence claim. For example, lab reports if improper forensics is one of your relevant elements selected in the next section.
3. Other trial related documents. Like trial motions.
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4. Police interrogation. If relevant, include any transcript of any interrogation. If not recorded, or if no transcript is available and such an interrogation occurred, mention this in the large white field.
5. Any new trial motion. If your defense counsel filed a motion for a new trial, or any kind of similar motion (e.g., motion to suppress inadmissible evidence), include these as well.
6. Presentence Investigation Report. Your PSI could help give a summary of your case through the lens of the PSI writer. Especially if sympathetic to your innocence claim.
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7. Appellate brief. Include your appellate brief, assuming you have one.
8. Appellate opinion. Include the appellate court’s ruling. Whether published or not.
9. Post-appellate remedies sought. Include any other attempts to appeal the conviction in the appellate process. For example, a 1983 motion or habeas corpus.
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10. Innocence project communication. Include any letters of correspondence with any innocence projects, conviction integrity unit, journalism students, activist organizations, and the like.
11. Professional supporters. Include any documentation you have of cultural and civic leaders expressing belief in your innocence. For example, a letter from the judge, or from a local reporter or media personality.
12. Media interest and coverage. Include any correspondence you received showing some interest in your case from any CIU or CRU. Whether or not they agreed to review your case.
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13. Other documentation. Include any document supporting your innocence not mentioned above. For example, letters of support recommending leniency by the sentencing judge.
14. Other supportive material (e.g., alibi affidavit). This one tries to cover anything overlooked, and turn over every stone left unturned. To squeeze every opportunity to demonstrate your innocence.
Prep to-do list.
To the left of “verification step”, select from the dropdown list the most relevant option.
Need help scanning my case documents
Need help counting pages of case documents
Need help uploading case documents
Need help checking if URL works
Need help identifying support in case documents
Need help hiring independent verifiers
Need help verifying claim using case documents
Need help accreditation on claim verification
You will then see just above it a percentage identifying your progress verifying your claim. Try not to worry now if that number is low. This can all be addressed later, if detractors insist you back up your innocence claim. For now, you can leave all three Prep to-do list items at their default setting of “not started” yet.
The idea for this section is to give your supporters something they can actively do to support your innocence claim, and help you get closer to being exonerated.
SAMPLE Documentation for verification pp 12 - 16
Now onto identifying wrongful conviction factors.
C.1 Common factors in wrongful convictions - p17 to p19
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15. Eyewitness Misidentification. Include if your among the 70% of cases exonerated with DNA, where eyewitness misidentification played a key role. Was there a Rashomon effect, where multiple witnesses provided contradictory details of the same event?
16. False Confessions or Admissions. Were you coerced into implicating yourself, or pressured to agree to a plea deal under threat of a long prison sentence? Were you subjected to the Reid technique where the “good cop” works off the angry “bad cop?” during an interrogation, to coax you into admitting guilt.
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17. Government Misconduct. Did any police officer or law enforcement official take any illegal shortcuts? Did they seem to intentionally alter evidence? Did the prosecutor withhold any potentially exculpatory evidence during discovery (i.e., a Brady violation)?
18. Unvalidated or Improper Forensic Science. Was your wrongful conviction based on any discredited forensic science? Did the expert testimony misrepresent the data, in a way favoring the prosecutor’s theory of guilt? Did the trial judge allow expert testimony that failed either the Frye standard or Daubert standard, especially if never raised in a motion motion or included in an appellate brief?
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19. Jail Informant. Did some from your jail cell come forward claiming you implicated yourself? Was that informant apparently granted an easier sentence? Did the authorities incentivize your codefendant(s) to testify against you?
20. Inadequate Defense. Were you assigned a court appointed attorney who did not believe in your innocence? Or didn’t seem to care? Was that defense council overburdened with too many cases to adequately represent yours?
With each of these, remember to select from the dropdown list how much it applies to your innocence claim.
SAMPLE Common factors in wrongful convictions pp 17 - 19
C.2 Evidentiary factors - p20 to p21
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21. Evidence yet to be DNA tested. Mention any evidence that was never tested for DNA. You could include here if you have approached an innocence project about untested DNA in your case, and they declined to pursue it. If so, explain why.
22. Non-DNA evidence yet to be considered. Include any possible evidence apart from DNA that could point to your innocence, but was not addressed prior to your wrongful conviction.
23. Exculpatory evidence exists. Include anything that could point to your innocence. You could mention why this wasn’t addressed at trial, or by your defense counsel.
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24. Convictin not corroborated by evidence. Include if your conviction was based primarily or exclusively on belief? Such as the testimony of an unreliable eyewitness. Include the use of their forensic evidence which failed to support their claims.
25. Conviction based on irrational theory of guilt. Include if no actual crime occurred. For example, a fire that was not arson as they believed. Or “shaken baby syndrome” for a child who died from an undiagnosed medical condition.
26. No actual crime. Include if no actual crime occurred. For example, a fire that was not arson as they believed. Or “shaken baby syndrome” for a child who died from an undiagnosed medical condition.
Again, state the degree each applicable element applied, using the dropdown list of options.
SAMPLE Evidentiary factors pp 20 - 21
C.3 Investigative factors - p22 to p23
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27. Law enforcement tunnel vision. Include if law enforcement investigators zeroed in a narrow theory of guilt, then appeared to find evidence for it. Include any apparent confirmation bias by the prosecutor and/or police investigators.
28. Law enforcement noble cause corruption. Include any law enforcement shortcuts they rationalize as essential. Document any expressions heard or read where law enforcement officials rationalized their questionable behavior as necessary.
29. Complainant retraction. Include if any of the accusers retracted their accusation, either in whole or in part. Mention if characterized by law enforcement as less believable than the initial allegation, which can expose their confirmation bias.
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30. Confession from actual perpetrator. Include if anyone came forward to admit being the actual offender. When did they come forward? How was their admission treated by law enforcement?
31. Another person implicated in the crime. Include if anyone was independently identified as the actual perpetrator. Was this identification before or after the wrongful conviction? How did law enforcement treat this finding?
32. Conviction based upon outmoded law/beliefs. Include if law enforcement or the prosecutor’s office acted upon unfounded assumptions about you. Such as you identification with a marginalized group. Contrast how such views were more widely accepted than now.
Identify its degree of relevance in the dropdown list for each item.
SAMPLE Investigative factors pp 22 - 23
C.4 Complicating factors - p24 to p25
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33. Presenting conflict of interest. Identify any apparent conflicts of interest presented by anyone in law enforcement. Was the judge up for reelection? Did the prosecutor go out of their way to appear tough on crime? Was any negative coverage by a reporter apparently trying to provoke audience fears primarily to gain views?
34. Perjured testimony or false accusation. Include if any of the prosecutor’s witnesses appear to be coached. Or incentivized. Or if any witness could be involved in the crime, and whose testimony tried to distract attention away from them.
35. Moral panic. Include if your arrest, detention and trial occurred in the context of a moral panic. For example, mention if caught up on the Satanic panic of the past few decades. Or if accused as a child molester because you worked as a daycare center in the late 1980s or 90s.
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36. Disparate impact. Mention if you are in a population frequently targeted by law enforcement. Include how many times you were stopped and perhaps frisked by police without cause.
37. Law enforcement prejudice. Did law enforcement convey any sentiment that you must be guilty of something solely on their perceptions? Did law enforcement use your natural defensiveness to their aggressive tactics as grounds to believe you must be a violent person?
38. Trial by media. Any sensational coverage of the case? Was news media present during the trial? Did their coverage favor the prosecution? Did sympathy for any victim overshadow reasonable doubts about you as the actual perpetrator?
Reminder: Include the degree of relevance in the dropdown list for each relevant factor.
SAMPLE Complicating factors pp 24 - 25
Now onto idenifying the claimant's demonstrable innocence.
C.5 Claimant's demonstrable innocence - p26 to p28
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39. Pled not guilty. Include if you pled not guilty and committed yourself to never taking any plea agreement. Mention any pressures to admit guilt that you consistently resisted.
40. Alford plea. Include if you took an Alford plea, or pled no contest. Explain why. Mention any pressures you were under, such as from family members desperate for you to come home as early as possible.
41. Duration of innocence claim. Mention how long you have maintained your innocence. Especially if you have always claimed to be innocent after many years while incarcerated, even at the risk of being denied parole.
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42. Respect for crime victim(s). Identify how you positively regard the complainant(s). Mention how you never presented any threat to them, or ever had any motive to do them any harm.
43. Positive institutional record. Use your behavioral record under custody to challenge their mischaracterization of you.
44. No criminal history. Include if you remained free of any criminal activity before and/or after.
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45. Parole denial from maintaining innocence. Include how many times you were denied parole for “lack of remorse”.
Again, reminding you to check how much each of these applied to your case.
SAMPLE Claimant's demonstrable innocence pp 26 - 28
Now onto recognizing the claimant's socially affirmed innocence.
C.6 Claimant's innocence recognized by others - p29 to p30
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46. Any relief on appeal. Add any favorable relief you received from the Appellate Panel or any other step in the appellate process. Was your sentence reduced? Was any charge thrown out?
47. Supporters. Start creating a list of anyone who conveyed any support for your innocence. The more names you can list, along with current contact info, the better prepared you will be to build growing support for your innocence.
48. Affidavits. Include any signed affidavits vouching for your alibi. Or for anything pointing to your innocence, whether mentioned in your trial or not.
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49. Judge support. Add any judge’s name who either expressed some doubt in an eyewitness or complaint’s claims, or who later expressed vehement support of your obvious innocence.
50. Prosecutor support. Include if any prosecutor came forward to assert your innocence, or at least expressed doubt in your alleged guilt.
51. Defense counsel support. Mention how much your defense counsel believed in your innocence. Add if they went out of their way to persuade the jury or bench trial judge of your innocence.
52. Influential support. Include any cultural leaders who backed up your innocence. This could include political leaders, faith leaders, company owners or nonprofit leaders.
SAMPLE Claimant's innocence recognized by others pp 29 - 30
If this form missed anything, now is the time to mention it.
C.7 Other - p31
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53. Any other relevant items. This form may have overlooked a critical factor. Here is where you include anything this form neglected to consider. For ideas what you could include not mentioned above, go to the last page and check out the “Innocence Checklist” by Dr. Carrie Leonetti. You help improve this tool by adding your own unique contributing factor here.
You’re still checking the relevance level and how a relevant element can be verified, right?
SAMPLE Other p 31
C.8 Process - p32
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54. Indictment changed. Mention if the prosecutor adjusted the original charges or indictment for apparent lack of evidence, or for any other reason.
55. Plea deal turned down. Mention how many times you were offered a deal from the prosecutor, and turned it down to insist on your full innocence.
56. Asserted right to trial. Mention of you asserted your right to challenge all the charges in a trial. Include any pressures from the prosecutor to take a plea bargain to avoid a trial.
57. Discovery with exculpatory evidence. Include any evidence declared in discovery that you identify as exculpatory, even if the prosecutor or others did not recognize it as such.
58. Exculpatory evidence not provided in discovery.Also include any evidence you may be aware of that could point to your innocence, but was not included in any discovery document.
This concludes entries used for calculating the viability of your innocence. That covers the “what” of your overlooked innocence. Next, you declare “why” your exoneration is so vital.
SAMPLE Process p 32
Now you rate the innocence options who seem to be serving the law more than serving you. Need-response features this skill to realistically assess the responsiveness of those we come to vulnerably depend upon. We must assess those who serve as the last or only option to address our affected inflexible needs. Such as your need for public recognition of your innocence, with or without an exoneration from the adversarial system that created it.
For items 59, 60 and 61, you assess how satisfied you are with each innocence entity that you have encountered. You then asses how much you still trust that innocence entity. Like reviewing a business on Yelp, you assess their level of legitimacy.
Click in the white field to the right of “Satisfaction level:”. Then click on the arrow pointing down at the right end of this field. A list of options appears. Select your satisfaction level using one of those option from this dropdown list. Do the same with the “Trust level:” field.
Item 62 has you assessing the innocence movement as a whole. The dropdown list provides you a different set of options to rate their satisfaction and trust levels. Your critique of the innocence movement here can demonstrate the need for our need-responsive alternative.
Next, identify what you specifically need from the innocence movement. With the dropdown list, you indicate if that need for you is a low priority or a very high priority. This can improve your rapport with them, and improve their rapport with you and other innocence claimants.
Finally, report how this continuing wrongful conviction impacts you and your loved ones. Each of these eight items includes its own dropdown list of options. (NOTE: The updated version of this tool will report these in a new section after the CQR below.)
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59. Innocence Project. This gives you the option to select a specific innocence project in your state, assuming you did not seek help from one outside of your state. Click on “Innocence Project” to see the list of innocence projects in your state. The select the one that applies. All may apply, but select the one you prefer to rate right now.
60. District attorney. This also may list the prosecutors in your state. You can simple leave the “District attorney” default to keep it simple. This item speaks to their conviction integrity unit. Rate your satisfaction level and trust level, as you did above.
61. Other sources of legal assistance. Use this if you hired your own lawyer, or relied on journalism students, or reached out to a nonprofit organization offering legal services. If applicable, rate their satisfaction and trust levels.
62. Innocence movement. Assess the legitimacy of the current innocence movement as a whole. How content are you with the movement? Do you still trust the movement as the only show in town, or are you open to trying an alternative not focused on adversarial law?
Now let’s get to specifics. What do you seek from the innocence movement? Using the dropdown list, rate how importance that item is to you right now. This may help prioritize resources to work toward what you need the most.
> exoneration
> financial support for legal costs
> expunged record
> removal of all collateral consequences
> compensation
> apology
> OTHER: ______________
63. Impact on claimant (legitimacy of exclusionary legal-judicial process). What are some specific impacts on the claimant after trusting the adversarial judicial process?
1. reason for being denied review in the past
2. revisiting case risks retraumatization
3. depression level from legal-judicial process as only option
4. anxiety from relying on same process creating error
5. anxiety from slowness of legal-judicial process
6. anxiety from prosecutor's power to reinforce error
7. anxiety from having little to no control over process
8. disillusionment with legal-judicial process
If the adversarial judicial process repeatedly fails to serve your inflexible need for justice, then consider the nonadversarial alternative of need-response. Consider if Exoneration Services can deliver to you the exoneration your life requires.
SAMPLE Requests and responses for exoneration help p 33
How has this wrongful conviction damaged your life, and the life of your innocent loved ones? Next, we explore the continuing consequences you suffer from the state neglecting your innocence.
E. Collateral consequences of wrongful conviction - p34 to p35
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Each map image takes you to an online site that lists various consequences of a conviction.
Once at the site, click on their map to look at your state’s specific statues limiting your rights. This adds reasons for the innocence movement to address your affected needs.
64. Collateral consequences impacting claimant. Using the provided dropdown list, select in the left column how each items applies. Then using the provided dropdown list, mark on the right the time of its impact—before, during, or after incarceration.
1) Conviction posted online
2) Custody reimbursement
3) Education discrimination
4) Employment discrimination
5) Exempt from public assistance
6) Exempt from student financial aid
7) Health care discrimination
8) Housing discrimination
9) Loss of government benefits
10) Loss of gun rights
11) Loss of parental rights
12) Loss of vote
13) Loss or denial of professional license
14) Prevented from seeing family
15) Prevented from visiting prisoners
16) Restitution to alleged victims
17) Restricted movement
18) Sex offender registry
19) Workplace discrimination
20) Other (details in box below)
Use the large white field at the bottom of page 35 to include any consequence not listed above.
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65. Collateral consequence impacting others in claimant's life. Using the provided dropdown list, select in the left column if it applies and how.
> not applicable
> temporary
> lasting
> permanent
Then using the provided dropdown lists on the right, mark who is most impacted by that consequence of the wrongful conviction.
impacting everyone I know
impacting close friend(s)
impacting close friends & family
impacting only family members
impacting only my (then) partner
impacting (then) partner & kids
impacting only my child(ren)
impacting only my grandchild(ren)
Select who is impacted for each relevant item listed here.
1) anxiety
2) costs to contact while in prison
3) depression
4) divorce
5) housing instability
6) loss of companionship
7) loss of parent during upbringing
8) loss of stable income
9) loss of emotional support
10) poverty
11) stigma
12) targeted by bullies
Use the white field below item 65 to include any impacts not listed above.
66. Current neglected needs due to these collateral consequences. Identify how challenging the wrongful conviction has been to each of the first six items. Then identify how much you aspire to improve these listed areas impacted by the wrongful conviction.
Challenging
1) economic
2) physical health
3) mental health
4) relationships
5) will-to-live
6) OTHER: ______________________________________
Aspiring
7) income independence
8) maintaining healthy lifestyle
9) overcoming depression & anxiety
10) restoring family ties
11) helping others similarly situated
12) OTHER: ______________________________________
These lists likely overlooked something impacted in your life. Use the white field at the bottom of page 35 to add any other wrongful conviction challenge or aspiration.
As more claimants use this form, the more date we can present to the innocence movement and to the criminal judicial system to spotlight our neglected needs.
SAMPLE Collateral consequences of wrongful conviction pp 34 - 35
Here is where the claimant puts in their own words what they claim happened. Provide helpful context for the wrongful conviction. This appears in what others see first, so give it your best.
This section wraps up the form. The remainder is for helping you, the claimant (and proxy), to find the support you need to overcome this injustice. Keep going, you're almost there!
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67. Claim Synopsis. In two sentences or less, grab the reader’s attention with a tearjerking synopsis of the innocence claim. This text appears in the executive summary at the top.
68. Claim highlights. List eye grabbing highlights of claim, with as few words as possible. Replace each example with something from your own case. Up to ten highlights.
69. Flipside. For a balanced view, acknowledge what could be seen as the worst in the case. Nullify criticism by getting it out of the way. Demonstrate your integrity, your honest and humility. Defy the stereotypes about those claiming to be innocent. Because we are.
Think of this like the job interview question: “Tell me your greatest weakness.” That question builds trust by humbly admitting human imperfection. But the quicker the answer segues into the positivity of progress in that area, the better. Apply that to your prison experience.
So conclude your admitted weak spot on a positive note. For example, you could admit that you were obnoxious back when you were arrested. But then took the opportunity to face the worst of what life could throw at you to improve your moral character. How many guilty felons can express such honesty and demonstrate growth from the harshest of experiences?
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70. Claim Summary. Summarize the innocence claim—with an eye for short attention spans. Add some context to the synopsis above. Provoke the reader's curiosity and interest to discover more.
Invite your closest supporter(s) to give you helpful feedback. Keep it engaging. Leave out any tone of blame. Describe what occurred without suggesting what anyone should do about it. Except close with a call-to-action. What can those moved by your words do to support you?
Follow this format to standardize your summary. The more the reader can follow your words, the more likely they will read it to the end. The more engaging your narrative, the more support your bound to attract by sticking with this simple formula.
On [INCIDENT DATE], [CLAIMANT] [HOW INCIDENT OCCURRED]. [CONTEXT].
Do your best to describe the facts without vilifying anyone. Let the reader decide.
Close with a call-to-action [CTA], what you are asking the engaged reader to do.
Look through the example to get some ideas. 2,500-character limit.
Be free to rewrite and rewrite your early drafts. Polish this narrative as best as you can. Or get another to write it for you. Let your innocence shine for all to see!
SAMPLE Claimant narrative pp 36 - 37
G. Compensation - p38
Page 38
Since creating this tool, more states have passed legislation to compensate those exonerated. And the statute may not indicate how difficult it can actually be to receive just compensation.
For more current information about your relevant state, use a search engine online.
One reason for including this section is to appreciate the stakes involved when recognizing your innocence. When considering the estimates on the next page for how many could potentially be eligible for compensation, you might better appreciate the politics of stalling.
SAMPLE Compensation p 38
H. You're not alone - p39
A growing list of academic articles tries to estimate just how many of us are wrongly convicted. The exact number is not knowable by current methods. Various researchers use various methods to give us a rough idea.
First, the researcher must define who is, and who is not, wrongly convicted. More recent estimates narrow that definition to actual innocence and not merely on a legal technicality. Which refers to those who played no role in the identified crime.
Researchers using a broad definition tend to come up with larger percentage rates of wrongful convictions than those using a narrower definition. The research methods used by those working withing the judicial system tend to come up with much smaller rates. They understandably are more invested in avoiding the opposite risk of wrongful acquittals.
Page 39
This optional form allows you to see where you fit into the scope of this problem.
First, go to the National Registry of Exonerations (which recently migrated to a new website). Find their latest total of exonerations (top left of most of their pages). Enter that figure in the first field.
In the next field, select the relevant population from the dropdown list.
Felony population
Ex-prisoner population
Custody population (includes all those on parole and probation)
Prison population (both state and federal)
Registered sex offenders
Then check the results for each estimated rate below. Remember, these are merely estimates.
For a more thorough exploration of these wrongful conviction rate, click the image to the right. In this document, I unpack each of these estimated rates.
I identify the professional role of the researcher. Then give their definition of a wrongful conviction. I also summarize their research methods.
Academics working within the judicial system understandably estimate lower rates. Criminologists and others outside of the judicial system and peering tend to find higher rates.
Higher rates also stem from a broader definition of wrongful conviction. Such as a legal technicality, which can include those guilty of lesser offenses.
More recent research narrows the definition of a wrongful conviction to “actual innocence” or “factual innocence.” This effectively excludes the wrongly convicted of one charge while admittedly guilty of a different or lesser offense.
More research has emerged since its publication in 2021. You can search online to get an update, if you prefer. Enter in your search engine of choice: academic research estimating rates of wrongful conviction.
While the exact number eludes us, the scope of the problem of wrongly convicted innocence becomes clear. Starting with Zalman (#4), you get a number into the tens of thousands. The widely accepted rate of 5% results in 100,000 innocent persons in prison!
Now you do the math:
estimated total# — the registry total# = holy crapola!!!
You can quickly appreciate why we need something like the Estimated Innocence Form, to shine a light upon this underserved problem. You can quickly draw the same conclusion as Samuel Gross of the National Exoneration Registry, back in 2015:
“We know without doubt that the vast majority of innocent defendants who are convicted of crimes are never identified and cleared.”
- Samuel Gross, editor of the National Registry of Exonerations, as reported in 2015 in the Washington Post.
At need-response, we find this unacceptable!
SAMPLE You're not alone p 39
With your estimated viability of actual innocence, you can now hold the adversarial legal process to a higher degree of accountability for your underserved justice needs.
“Accountability—the sense that one’s actions are personally identifiable and subject to the evaluation of others—often acts as a constraint on unchecked power. Individuals in power who know they will be held accountable are more likely to consider social consequences and take others’ interests into account.” (Keltner, et al., 2003)
end of page by page instructions
That concludes the instructions for filling our the form. Now let's review the results.
Review
After filling in each relevant field and seeing your viability score climb, go back to the top.
Notification of Verifiable Innocence (NOVI)
Certificate of Verifiable Innocence (COVI)
Estimated Innocence Report (EIR)
Conviction Quality Report (CQR)
Save this version
After you fill out all the relevant white fields and have fixed any errors, click save. You can save your changes in one of thee ways. Pick the method you’re most comfortable using.
Method 1: While holding down the shift key, press the ‘S’ key. Or…
Method 2: Click on the diskette icon on the top bar to the left in Excel. Or…
Method 3: Point your mouse arrow of the File menu. Click it. Then go down to Save, and click that.
Next, click on Save as (under the File menu) to create a copy of this version. If this is still in your downloads folder, pick a location to save this copy on your device. Edit the file name by adding who you plan to send it to.
For example, “EIF E01 - Innocence Project”. You can now easily save a PDF copy from this version of your work.
To save as a PDF
Instead of sending the Excel file, you may prefer to send either the whole file or one of the tabs as a PDF. If unfamiliar how to do this, simply follow these steps.
Click on the step listed below to quickly go down to the detailed instructions for it further below. You can click on that step below to quickly return to this list of steps.
These steps apply specifically to Excel 2021 while using Windows 11. Yours may look a little different.
1. Go to File.
From within Excel, point your mouse to the first menu option: File. This opens you to your list of saved Excel files.
Move your mouse arrow down over the Save As option. Click "Save As" to get ready to save a version of this file.
Move your arrow over Browse, to the right of the folder icon. Click on "Browse" to open the Save As dialogue box.
While the standard copy of the file name is highlighted in blue, now is a good time to edit the file name. Click after the file name and add the recipient's name. E.g., "EIF - Innocence Project 1". We recommend adding a number in case you later need to create updated versions.
Next, click in the "Save as type:" field below the file name. Click on "Excel Workbook" to open the list of available file types.
5. Select PDF.
Move your arrow down to PDF (near the bottom of the list). Select it. Be sure this the location you want to save this PDF version of your Professionally Responsive. If not, now is the time to change the folder. You will need to remember this file location when ready to send it to the recipient.
6. Click save.
Move the mouse arrow down the lower right of the dialogue box. Click on the Save button. Once saved, your PDF should open the program you have defaulted to open PDFs. For most of us, that would be Adobe Reader.
When ready to send to the recipient
You are helping us determine what works best with this idea. Until we can get a proof of concept to make this completely online, we thank you for putting up with the extra work required to use it.
That means it is completely up to you to deliver this PDF to the recipient. It is up to you to have their contact information. It is up to you to know how best to deliver it, maybe in person.
Your feedback and suggestions can help streamline this into an easier and simpler process. Until then we thank you for indulging us with the added effort involved. We trust it is well worth it.
Need help completing this form, or how to use it?
As the professionally responsive sender, you can use this tool just once or many times. If used repeatedly, you have further options.
1. Do It Yourself option.
You can opt to download this tool, fill it out according to these instructions, and send the results directly to each recipient you contact. No cost to us. No hassles. No kidding.
2. Peer Support option.
This one requires you both to become members of the site.
1) Go to Engagement, select Personally Responsive category
2) Click on "Respond" button
3) Click on space to give it a title: "To [recipient name]"
4) Click on space below title
5) Enter text of PDF into space for post
6) When done, click on the Share button below right
Or you have the option to upload the PDF directly to this post.
> click on the plus sign at the left
> click on the Add a file icon with an up arrow
> select the PDF from your device and click Open
> see the box for the downloadable PDF
This moderated option orients you both to the need-responder climate of responding better to needs. If you like this option, then invite the recipient to join you. You both will become site members and be welcomed into a community putting your need first.
You likely will need to invite several recipients before finding one willing to go with this option. You learn in the process what leads to others being responsive to your ongoing responsiveness. That can encourage you to consider this third option.
3. Expert Support option.
If you get stuck, consider receiving one-on-one support from me. I can walk you through this new way to address needs, toward greater wellness of all involved. That’s what the Responsivism Direct Online Support service is for.
1. Click the ‘Book Now’ button above. This takes you to the booking process. You do not have to log in for this process, but that can make it go smoother. You will see how these sessions last 25 minutes on Zoom. While each session is provided to you without cost, it does cost me to provide it. So after the session, I will invite you to donate what you can afford.
2. Click the ‘Book Now’ button on the next page. You will see a calendar on the next page. I am available to provide sessions during the evenings of Sunday through Thursday.
3. Select a Date and Time. After you pick a day and time right for you, click the ‘Next’ button at the right on that page.
4. Client details. Provide the information we will need to properly serve you. Add an optional message.
5. Payment. You have two options: pay only for this session or to buy a plan for multiple sessions. Select the first option. See the button at the right change from ‘Buy a Plan’ to ‘Book Now’. Click it.
6. Check out. Click on the Enter a promo code link. Copy this code and paste it into the field: EA-ProResp-free. Click the ‘Apply’ button and see the total drop to zero. Then click the ‘Continue’ button on the left.
7. Review and place order. Confirm your name and email is correct. If all looks okay, click the blue ‘Place Order’ button.
8. Confirmation. You’re set! Check your email for a confirmation of this scheduled online session. You can optionally add this to your Google Calendar. See you then. You can As I write this, this tool's potential has yet to be tested in real life situations. Your feedback to this tool could help improve it for the lives of countless others.
Be responsive to this
report any broken links here or in the spreadsheet
report any problem with page breaks in the spreasdsheet form
suggest improvements
propose a wrongful conviction factor overlooked here
Professionally Responsiveness raises the bar for how we interact with each other. Thank you for helping us spread more love by engaging more of each other's underserved needs. If you don't, who will? Just by being willing to be more responsive, you're awesome!click on Continue Browsing to return to the homepage.
EIF claimant survey: Give us your feedback
If you could make this better, what would you change?
This 16-item survey consists mostly of multiple choice answers. Your answers can help shape this tool to fit the underserved needs of the unexonerated wrongly convicted. If wrongly convicted yourself, or you represent someone who is wrongly convicted, and not yet exonerated, this tool and survey is especially for you.
At the end of this survey, you will find a short video introducing what this new tool is about. And then invites you to the Facebook page to discuss it, and periodically check the survey results.
How can Estimated Innocence better serve you as the innocence claimant or their rep?
How can Estimated Innocence better serve you as the innocence litigator or their org?
Thank you for taking the time to fill out this survey. Click on the button below to start.
Using your Estimated Innocence
This sums up the standard half of the Estimated Innocence Form. The remaining half tries to give you help in utilizing the results. And continues to be revised. Hint, it may not yet work as well as it looks.
The above instructions provide you with minimal guidance for how you might want to apply your resulting raw score. Its broader application is still evolving. We’re exploring how to use it during each step of what we call the re-adjudication process.
Think of your viable innocence score as the opening for a fresh approach toward serving the needs of justice. Three avenues now open up to you. You’re likely familiar with the strictly adversarial judicial process. Consider two other paths we can carve out for you.
1. Estimated Innocence. You keep relying on the adversarial judicial process to someday lead you to an official exoneration. You keep going it alone. After all, until need-response takes off as a viable alternative, official court exoneration is the only game in town.
2. Responsive Innocence. You parallel whatever is left of your reliance upon the adversarial process with our pioneering mutuality process. This introduces you to our “public exoneration” alternative, which taps into the public’s disillusionment with many of our institutions. [STILL UNDER DEVELOPMENT, AND YOU CAN HELP TEST IT]
3. Honored Innocence. You prioritize our mutuality alternative to properly resolve needs, challenging the adversarial system to be as responsive. This option features “public exoneration” that invites the public to scrutinize the adversarial legalism also harming them. [STILL UNDER DEVELOPMENT, AND YOU CAN HELP TEST IT]
All three fall under the umbrella of our Exoneration Services, still in development.
Follow its development on our podcast
I, Steph Turner, will be the first to try these pioneering alternatives. Before inviting you to test the untried, I aim to build rapport with the judicial system. I will first serve their need to process innocence claims for efficiently and effectively.
Then I hope to come back to you with some good news. You can follow how this all works out at our Need-Response podcast. We solve problems by resolving needs, one person at a time. That could include you, soon enough.
Listen each Wednesday as we test this fresh approach to resolving needs. Subscribe at Spotify, or wherever you get your podcasts. We may even invite you on the show one day, to share how this new experience works for you.
Click on the Need-Response podcast show image to learn more.
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