Capital Case Litigation Initiative
Active
- Assistance listing
- 16.746
- Agency
-
Office of Justice Programs
Department of Justice
- Grant awards
- 209 $70,495,163 in federal obligations
Program facts
- Assistance types
-
- Project Grant
- Cooperative Agreement
- Block Grant
- Formula Grant
- Treasury account
-
- 15-0404-0-1-754
- More information
Program details come from SAM.gov Assistance Listings. Updated . Grant award figures come from USAspending.gov.
About this program
The Department of Justice Office of Justice Programs Bureau of Justice Assistance funds the Capital Case Litigation Initiative (CFDA 16.746) to improve the quality of legal representation in state capital cases and strengthen the capacity of conviction integrity units and wrongful conviction review entities, with the most recent grant award issued November 1, 2024.
The program funds post-conviction case review, investigation, and litigation of claims of actual innocence; prosecution-led conviction integrity units that review cases for wrongful conviction; training and technical assistance to capital defense teams and judges presiding over capital cases; and collaborative partnerships between innocence organizations and prosecutor offices to identify and remedy wrongful convictions. Recent awards reflect concentration in non-DNA wrongful conviction work: the Washtenaw County Prosecutor's Conviction Integrity and Expungement Unit received $600 thousand to investigate claims of actual innocence and manage a backlog of over 35 cases; the Innocence Project of Florida partnered with Broward County's Conviction Review Unit on eyewitness misidentification cases resulting in two prior exonerations; and the Pennsylvania Innocence Project received funding to expand investigative capacity and reduce case backlogs.
Combined federal dollars obligated reach $70.5 million across 209 awards since the program's establishment in 2007. The Department of Justice Office of Justice Programs Bureau of Justice Assistance dominates funding, accounting for 111 awards totaling $49.8 million federal dollars obligated. Award distribution runs predominantly as Project Grants (78 percent of awards, 163 total) with smaller shares of Block Grants (9 percent), Formula Grants (8 percent), and Cooperative Agreements (5 percent). Recent annual award volume averages 12–17 awards per year. Budget periods range from 12 to 24 months.
Two active grant opportunities remain open: BJA FY 2026 Capital Case Litigation Initiative (due October 29, 2026) solicits state government entities in capital punishment states to enhance prosecutor effectiveness and defense counsel quality, with equal funding required for capital prosecution and capital defense. BJA FY 2026 Upholding the Rule of Law and Preventing Wrongful Convictions Program (due November 2, 2026) accepts applications from tribal governments, city and county governments, nonprofits, and higher education institutions to strengthen conviction integrity units and wrongful conviction review entities' capacity to identify and manage post-conviction innocence claims.
Objective and description
- Objective
Program goal(s) name: Improve the quality of legal representation in state capital cases and strengthen the capacity of CIUs and WCRs. Program goal(s) description: Improve the quality of legal representation in state capital cases, strengthen the cap
- Description
Improve prosecutors' ability to effectively represent the public in state capital proceedings and to improve the quality of legal representation for indigent defendants in State capital cases; and support conviction integrity units (CIU) and wrongful conviction review (WCR) to enhance criminal justice system integrity and represent and review individual cases of post- conviction claims of innocence.
Eligibility
- Length and time phasing of assistance
The terms for these grant program budget periods range from 12 to 24 months.
How to apply
- Preapplication coordination
No formal preapplication coordination is required. While informal preapplication coordination is not required, it is encouraged that applicants coordinate with any facilities for which they have responsibility to detain or incarcerate undocumented criminal aliens. The application of E.O. 12372 is contingent upon whether the state has designated an entity to coordinate and review proposed federal financial assistance. See list of states that require this at: https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf.
- Criteria for selecting proposals
Criteria for selecting proposals is determined as part of the notice of funding opportunity (NOFO).
- Award procedure
All final award decisions will be made by the Assistant Attorney General, unless a statute explicitly authorizes award decisions by another official or there is written delegation of authority to another official. For successful applicants, JustGrants will send a system-generated email to the Application Submitter, Authorized Representative, and Entity Administrator with information on accessing their official award package in JustGrants. The award package will include key information (such as funding amount and period of performance) as well as award conditions that must be followed. The Authorized Representative for the entity should accept or decline the award within 45 days of the notification.
- Time to approval or disapproval
The review procedure for applications is specified in the notice of funding opportunity (NOFO) and generally includes eligibility and responsiveness, merit, programmatic, budget, and risk reviews.
- Renewals
In some cases, award periods may be extended if specific criteria are met. For details, please review the discussion of no-cost extensions in the Criteria for Award Extension section of the Department of Justice Grants Financial Guide available at https://www.ojp.gov/funding/financialguidedoj/overview
Grant opportunities
Show all 26
Grant awards
Latest 10 of 209 listed here. See the rest on GovTribe.
Top recipients by federal obligations
| Rank | Recipient | Federal obligations | Share |
|---|---|---|---|
| 1 | National Association Of Criminal Defense Lawyers Inc. | $4,708,207 | 7% |
| 2 | Association Of Prosecuting Attorneys, Inc. | $3,427,675 | 5% |
| 3 | The Trustees Of The University Of Pennsylvania | $3,021,334 | 4% |
| 4 | Committee For Public Counsel Services | $2,484,215 | 4% |
| 5 | Innocence Project New Orleans | $2,208,831 | 3% |
| 6 | Innocence Project Of Florida, Inc. | $1,997,165 | 3% |
| 7 | The National Judicial College | $1,900,000 | 3% |
| 8 | The North Carolina Center On Actual Innocence | $1,892,290 | 3% |
| 9 | President And Board Of Trustees Of Santa Clara College | $1,873,349 | 3% |
| 10 | The Pennsylvania Innocence Project | $1,723,849 | 2% |
10 of 99 recipients listed here. See the rest on GovTribe.
Federal obligations by fiscal year
| Fiscal year | Federal obligations |
|---|---|
| FY2026 | -$131,344 |
| FY2025 | $1,922,611 |
| FY2024 | $7,606,075 |
| FY2023 | $10,318,847 |
| FY2022 | $15,768,607 |
| FY2021 | -$632,406 |
| FY2020 | $4,368,058 |
| FY2019 | $6,443,485 |
| FY2018 | -$1,029 |
| FY2017 | $1,615,160 |
| FY2016 | $1,714,096 |
| FY2015 | $1,845,775 |
| FY2014 | $1,486,426 |
| FY2013 | $2,468,076 |
| FY2012 | $2,473,461 |
| FY2011 | $3,371,134 |
| FY2010 | $5,365,204 |
| FY2009 | $4,502,089 |
| FY2008 | $600,000 |
| FY2007 | $386,767 |
Show all 20
Quick answers
What is Assistance Listing 16.746?
Assistance Listing 16.746 is Capital Case Litigation Initiative, a federal grant program run by Office of Justice Programs (Department of Justice).
What is the CFDA number for Capital Case Litigation Initiative?
Its CFDA number is 16.746: Assistance Listing numbers were called CFDA numbers before 2018.
How much funding has Assistance Listing 16.746 awarded?
209 grant awards under 16.746 have obligated $70,495,163 in federal funds to 99 recipients.
Who receives the most funding from 16.746?
The recipients obligated the most under Capital Case Litigation Initiative are National Association Of Criminal Defense Lawyers Inc. ($4,708,207), Association Of Prosecuting Attorneys, Inc. ($3,427,675) and The Trustees Of The University Of Pennsylvania ($3,021,334).
How much did 16.746 obligate in fiscal year 2025?
Grants under 16.746 obligated $1,922,611 in federal funds in fiscal year 2025.
Are there open grant opportunities under 16.746?
2 listed opportunities under 16.746 are open or forecasted. The latest, BJA FY 2026 Capital Case Litigation Initiative: Improving the Quality of Legal Representation in State Capital Cases, was posted on September 21, 2026.
On GovTribe
See this program's full record
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