The Military Innocence Project, Inc was founded in 2024 as a 501(c)(3) nonprofit organization.
The purpose of the Military Innocence Project, Inc is to:
We are founded on the values of Truth, Accountability, Transparency, Compassion, Integrity, and Justice.
As we bring awareness to these issues, we hope to build a community of Americans who support our mission. To find out more about how to support us, please visit our donation page.
More information about our board is coming soon.
The original version of the Innocence Protection Act as introduced in 2001 included military
inmates convicted by courts-martial.
Original Version: The Innocence Protection Act of 2001 (S. 486 RS)
“(1) APPROPRIATE FEDERAL COURT- The term ‘appropriate Federal court’ means-
“(A) the United States District Court which imposed the sentence from which the applicant seeks
relief; or
“(B) in relation to a crime under the Uniform Code of Military Justice, the United States District
Court having jurisdiction over the place where the court-martial was convened that imposed the
sentence from which the applicant seeks relief, or the United States District Court of the District
of Columbia, if no United States District Court has jurisdiction over the place where the
court-martial was convened.
“(2) FEDERAL CRIME-The term ‘Federal crime’ includes a crime under the Uniform Code of
Military Justice.
(Page 56, lines 17-25 and page 57, lines 1-8).
The final version of the Innocence Protection Act of 2004 as passed into law does not include
military inmates convicted by courts-martial and only applies to state and federal inmates.
Final Version: The Justice for All Act of 2004 (Pub. L. 108-405)
Section 414(b)(1): Post Conviction DNA Testing
"(A) A prisoner in custody under sentence of a State court, or a prisoner in custody under
sentence of a Federal court, who claims to be innocent of the offense for which they are
incarcerated, may petition the court that entered the judgment of conviction for DNA testing of
evidence"
It is unclear why the Act was changed before being passed, but the result is that military inmates do not have the right to compel a court to submit DNA evidence for testing. This means that even if evidence was collected, military inmates who claim to be wrongfully convicted do not have the power to prove their innocence in the same way other Americans do.
The Military Innocence Project seeks to fight this injustice, not only by advocating for the military to be included in the Innocence Protection Act going forward, but also by directly providing assistance to inmates today.
Please visit our Who We Help page to learn more about the current cases we are working on.
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