The Conviction Review Unit (CRU) has a crucial role in examining assertions of actual innocence to assess if new evidence significantly raises the likelihood that the convicted defendant was not the true perpetrator of the offense they were found guilty of committing. The term "actual innocence" denotes complete absolution of any criminal responsibility on the part of the defendant for the said crime. The CRU's primary responsibility is to investigate these claims and subsequently offer recommendations to the Cook County State’s Attorney regarding the appropriate course of action, if any, in light of its findings. However, it is important to note that the final decision on whether to grant a remedy to individuals seeking review by the CRU lies with the State's Attorney.
It is essential to understand that the CRU functions independently and is not a court; thus, its operations are not governed by court rules of procedure. The CRU is focused on scrutinizing claims of actual innocence by analyzing new evidence and does not act as an additional "13th juror" to reevaluate factual matters that have already been determined by a jury during the trial process. The core objective of the CRU is to ascertain whether the introduction of new evidence demonstrates that an innocent person has been wrongfully convicted of a crime and subsequently propose appropriate measures to rectify such instances.
Application to Request Review of a Criminal Conviction
Overview of Procedures
This overview outlines the approach the CRU usually takes in cases brought to its attention. Depending on the circumstances of a case, the CRU may use a different approach suited to the unique facts of a specific case.
Who can petition the CRU for review?
Anyone can bring a claim to the CRU. The only restrictions are: the claimant must be alive and have a felony conviction out of Cook County.
What kinds of cases are eligible for review by the CRU?
The CRU investigates claims that meet two essential criteria. First, the claimant must assert actual innocence, which means that there must be conclusive evidence available showing that the defendant was wrongfully convicted. Second, the claim of actual innocence must be based on evidence that was not considered by the trier of fact during the proceedings that led to conviction. Both of these elements usually must be present before the CRU opens its investigation into a case.
The CRU also may investigate claims of actual innocence based on a showing that the investigative or fact-finding process that led to the conviction was so fundamentally flawed that the guilty verdict cannot reasonably be relied upon as accurate. The CRU ordinarily does not consider such claims if all the evidence said to support the claim previously has been considered and rejected by a court at trial or on direct appeal. Further, because the focus of the CRU is on actual innocence, it usually investigates cases alleging flaws in the investigation or prosecution of a defendant only where there is substantial reason to conclude that the defendant is actually innocent.
Are there cases that the CRU will decline to investigate?
Yes. Because its focus is on claims that could exonerate a defendant from any role in an offense, the CRU does not investigate claims that newly discovered evidence supports an affirmative defense, such as consent, self-defense, or lack of intent. Similarly, the CRU will not consider claims that a decision to prosecute was the product of over-charging or that a sentence was unfairly harsh.
Will the CRU consider a claim where a defendant pled guilty?
Yes, a defendant whose conviction resulted from a plea of guilty in the Circuit Court of Cook County is eligible for consideration. As noted, however, CRU only investigates claims by a person who asserts actual innocence, which requires that the claimant must have no criminal responsibility for the crime of conviction. Further, because a plea of guilty avoids the need for a trial and the testing of evidence through an adversarial process, both the evidence supporting a claim of actual innocence and the circumstances giving rise to the guilty plea are given a heightened level of scrutiny.
Must I solve the case in order to get relief?
No. The CRU exists to correct convictions of innocent people. A person can get relief even if the true offender never is identified or prosecuted for the crime.
Who can file a claim with CRU? Must a lawyer be involved?
Any person can file a claim with the CRU. It may be filed by the defendant who was convicted of an offense, by a family member or friend of the defendant, or by a lawyer acting on behalf of the defendant. So long as the defendant authorizes the filing, the CRU will accept claims from any source. A claim will receive attention regardless of whether it is submitted by a lawyer.
How is a claim filed?
Although the CRU will accept any writing that provides the necessary information, claimants are encouraged to use the online Application to Request Review of a Criminal Conviction or to provide the data requested by the application on a written document. The CRU requires that claims must be brought to its attention in a written document, sent to the CRU through the U.S. Mail or an e-mail to sao.ciu@cookcountyil.gov. The CRU will not consider claims presented through telephone calls. Claims can be submitted to:
Conviction Review Unit
50 W. Washington St.
Suite 2700
Chicago, IL 60602
Please be aware that the CRU retains documents or items sent to us. We do NOT return items sent to us, so please send us copies if you need to retain an original.
When can a claim be filed?
A claim can be filed with the CRU at any time after the conviction is final; there is no requirement that the person be in custody when filing a claim. A person convicted of a felony in Cook County does not have to reside in Illinois to seek relief from CRU.
Is CRU part of the post-conviction process provided by Illinois law?
No. There are important differences between a review by the CRU and a post-conviction petition, although both exist to prevent an unjust result.
The Illinois Post-Conviction Act (725 ILCS 5/122-1 et seq.) (PC Act) gives convicted defendants an opportunity to show that their conviction was obtained in violation of a constitutional right, such as the right to be free from unlawful searches (the Fourth Amendment), the right to remain silent when questioned by police (the Fifth Amendment) or the right to a competent lawyer (the Sixth Amendment). The PC Act provides convicted defendants the ability to participate in a court action designed to prove violations of constitutional rights.
The CRU was not created by statute, its investigations are not part of a court action, and it is not governed by court rules of procedure. The CRU does not focus on determining whether important constitutional rights were violated, it focuses on determining whether an innocent person has been wrongfully convicted.
A convicted defendant may decide to use the PC Act to show that a conviction violates his or her constitutional right, a showing that could result in the grant of a new trial. The CRU does not discourage any defendant from seeking relief under the PC Act. A defendant may decide to produce evidence to CRU showing that he or she is actually innocent, which could result in exoneration. Each convicted defendant should decide which of these two distinct paths is best for his or her situation.
Because PC Act petitions require the State’s Attorney’s Office to devote already-limited resources to court actions, it is inefficient for the Office to be engaged in two efforts simultaneously as to one individual. As such, before it takes action the CRU determines whether a claimant currently is litigating a petition for relief under the PC Act. If so, CRU will request that the claimant choose which action to pursue. If a claimant wants to proceed on a pending Post-Conviction action, the CRU will not investigate a claim of actual innocence while that Post-Conviction action is proceeding. If a person agrees to withdraw, or stay, his or her court action under the PC Act, CRU will investigate the claim of actual innocence.
Who will investigate and evaluate the claim of actual innocence?
Claims brought to the CRU are reviewed and investigated by Assistant State’s Attorneys (ASAs) and investigators assigned to the CRU. Conviction Review Unit. Consistent with its mission, CRU stands apart as an independent division within the State’s Attorney’s Office. It functions outside the Criminal Prosecutions Bureau and its recommendations will be brought directly to the State’s Attorney.
Each of the ASAs and investigators assigned to the CRU has several years’ experience in the Cook County criminal justice system. They work full-time in the CRU and will not be involved in the investigation or prosecution of any pending criminal cases. No ASA, police officer, or investigator who was involved in the prosecution of the case under review by the CRU will play any role in the investigation of claims brought as to that prosecution, except to the extent that they are asked to provide information about the historical events of a case.
What will happen after the CRU receives a claim of actual innocence?
The CRU first reviews the claim to confirm the person’s eligibility for consideration. This means the CRU evaluates the claim to confirm that it raises a claim of actual innocence, i.e., does it allege facts that, if true, would exonerate the defendant from the crime of conviction? The CRU also reviews the procedural history of the case to find out whether the evidence on which the claim of innocence is based already has been considered by the court which imposed judgment.
After satisfying itself that the claim is eligible, the CRU conducts an investigation into the newly available evidence and into the history of the case. The CRU lawyers review available materials from the criminal proceedings that led to a conviction, including police reports, trial transcripts, and pleadings. The CRU investigators locate and interview witnesses who are identified as supporting the claim of innocence. To the extent that a claim requires new or additional forensic analysis of items of physical evidence, arrangements are made to perform those tests where feasible.
The CRU may seek to interview the claimant to further explore claims of actual innocence. The CRU also may ask to interview the attorney[s] who represented the claimant during the circuit court (trial or guilty plea) proceedings. The CRU will not request such interviews, however, unless the claimant makes a knowing and intelligent waiver of the rights protected by the Fifth and Sixth Amendments to the United States Constitution. A claimant may elect not to waive those rights. In such circumstances, the CRU will investigate the factual claims to the greatest extent possible.
The CRU operates on the expectation that the claimant has produced (or will voluntarily make available) all the evidence, documents, and information relevant to the claim of actual innocence that are in the possession or under the control of the claimant. CRU reaches decisions based on all the relevant information, and claimants who withhold information or who decide to release information in stages may be considered not to have participated in the review process in good faith.
CRU makes an effort to evaluate every claim of actual innocence brought to its attention. It cannot, however, give immediate investigative attention to every claim it receives. Regrettably but necessarily, some claims may need to wait while CRU investigates other claims.
How will I know what conclusions have been reached by the CRU?
CRU is aware that claimants are anxious to know that their claim has been received, that it is being considered, and that they will be advised of the decisions reached by the State’s Attorney’s Office.
Upon receipt of a written claim, the CRU conducts an initial screening process to determine whether the claim is eligible for consideration, based on the two essential criteria. If this initial review shows that the claim is not eligible, the claimant is notified in writing of that determination, and the CRU takes no further action. If the review shows the claim is eligible for review, the CRU will notify the claimant that it intends to investigate the factual merits of the claim.
Where appropriate, the CRU will work with claimants or their counsel to pursue factual investigations. Claimants do not, however, enjoy an absolute right to have notice of all investigative activities or results obtained by CRU. Where necessary to protect the integrity of its investigation, CRU reserves the right to determine when investigative efforts and results should be disclosed.
Claimants will be informed of the conclusions reached by the CRU about their claim. Further, claimants (and/or their authorized representatives) may request to meet with the Director of the CRU to discuss its conclusions and the recommendations CRU intends to forward to the State's Attorney.
What relief can be granted by the CRU?
The CRU evaluates, investigates, and recommends, but the final decision whether to grant relief rests with the State’s Attorney. Further, the nature or form of any relief likewise is a matter solely within the State’s Attorney’s discretion.
Where the investigation shows a substantial probability that the claimant is actually innocent of the charge of conviction, the CRU will recommend that the State’s Attorney’s Office should take steps to undo that conviction and vacate any resulting sentence. Depending on the particular circumstances of a given case, however, other remedies may be recommended.
If I disagree with the conclusions of the CRU investigation, what rights do I have for further review?
The existence of the CRU does not create or confer any “right” on those who bring claims of actual innocence. For this reason, there is no “right” to appeal its determinations. Claimants (or their representatives) who disagree with the conclusions of the CRU investigation may request an opportunity to speak with the executive staff members of the State’s Attorney’s Office, but whether to grant such a request is a matter solely within the discretion of the State’s Attorney’s Office.
Because the CRU’s investigation is not part of a court proceeding, CRU’s decisions or recommendations do not prevent a claimant from raising the same claims of innocence in another forum, such as through a petition brought under the Illinois Post-Conviction Act. All claimants who file papers with the CRU should be aware, however, that the evidence developed by the CRU during its investigation will be shared with other units within the State’s Attorney’s Office.