Daniel S. Medwed
Professor of Law
Professor Medwed joined the faculty as an associate professor of law in the fall of 2004. For the previous four years, he was an instructor at Brooklyn Law School and served as assistant director of the school's Second Look Program, where he worked with students investigating and litigating innocence claims by New York state prisoners. He has also worked in private practice and as an associate appellate counsel at the Legal Aid Society, Criminal Appeals Bureau, of New York City.
Professor Medwed's research interests primarily revolve around criminal law, with a particular emphasis on the issue of wrongful convictions. His forthcoming book, Prosecution Complex: America's Race to Convict and Its Impact on the Innocent (New York University Press, 2012), explores how even well-meaning prosecutors occasionally contribute to wrongful convictions due to cognitive biases and an overly-deferential regime of ethical and doctrinal rules. His articles have appeared in a number of top law reviews, including the Boston University Law Review, the Iowa Law Review, and the University of Illinois Law Review.
During his time at Brooklyn, he was twice voted Professor of the Year by the graduating class of students. He has also received university-wide recognition for his teaching since arriving at Utah, earning a 2008 Early Career Teaching Award from the University Teaching Committee and a 2006 Student Choice Teaching Award from the Associated Students of the University of Utah. In addition, he was awarded the College of Law's 2010 Peter W. Billings Excellence in Teaching Award as well as the 2009 Early Career Faculty Award for combined excellence in scholarship, teaching and service by a junior faculty member.
Professor Medwed teaches criminal law, evidence, wrongful convictions, civil rights law.
Scholarship Highlights
Articles
Brady's Bunch of Flaws, 67 Wash. & Lee L. Rev. 1533 (2010)
Emotionally Charged: The Prosecutorial Charging Decision and the Innocence Revolution, 31 Cardozo L. Rev. 2187 (2010)
The Prosecutor as Minister of Justice: Preaching to the Unconverted from the Post-Conviction Pulpit, 84 Wash. L. Rev. 35 (2009)
Innocentrism, 2008 U. Ill. L. Rev. 1549
The Innocent Prisoner's Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings, 93 Iowa L. Rev. 491 (2008)
Beyond Biology: Wrongful Convictions in the Post-DNA World, 2008 Utah L. Rev. 1
California Dreaming? The Golden State's Restless Approach to Newly Discovered Evidence of Innocence, 40 U.C. Davis L. Rev. 1437 (2007)
Anatomy of a Wrongful Conviction: Theoretical Implications and Practical Solutions, 51 Vill. L. Rev. 337 (2006)
Up the River Without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts, 47 Ariz. L. Rev. 655 (2005)
The Zeal Deal: Prosecutorial Resistance to Post-Conviction Claims of Innocence, 84 B.U. L. Rev. 125 (2004)
Selected Talks and Presentations
Presenter, Closing the Door on Misconduct: Ethical Standards Governing Summations in Criminal
Trials, Roundtable: Proposed Revisions to the ABA Standards for Prosecution and Defense Functions, Benjamin N. Cardozo School of Law, New York, NY, Oct. 2010
Presenter, Closing the Door on Misconduct: Ethical Standards Governing Summations in Criminal
Trials, Roundtable: Proposed Revisions to the ABA Standards for Prosecution and Defense Functions, Loyola Law School, Los Angeles, CA, Oct. 2010
Presenter, Highlights from the Last Year in Innocence Jurisprudence, National Innocence Network Conference, Atlanta, GA, Apr. 2010
The Lessons of DNA and the Innocence Revolution for the Criminal Justice System, AALS Section on Criminal Justice, AALS Annual Conference, New Orleans, LA, Jan. 2010
Transformative Evidence: Changes Inside the Courtroom and Outside the Courthouse, AALS Section on Evidence, AALS Annual Conference, New Orleans, LA, Jan. 2010
Internal Regulation by Prosecutors of Disclosure Obligations, Symposium: New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Benjamin N. Cardozo School of Law, New York, NY, Oct. 2009
Hearsay Evidence: What You Have Heard is Not All There is to Say, Utah State Annual Judicial Conference, Midway, UT, Sept. 2009
Impeachment of Witnesses, Utah State District Court Judges Conference, Salt Lake City, UT, May 2009
Highlights from the Last Year in Innocence Jurisprudence, National Innocence Network Conference, South Texas College of Law, Houston, TX, Mar. 2009
Presentation in Opposition to Proposed Constitutional Amendment Restricting Judicial Review of Post-Conviction Petitions, Utah Senate Judiciary Committee, Utah State Capitol, Salt Lake City, UT, Feb. 2009
Presentation in Opposition to Proposed Constitutional Amendment Restricting Judicial Review of Post-Conviction Petitions, Utah Commission on Criminal and Juvenile Justice, Utah State Capitol, Salt Lake City, UT, Jan. 2009
Defense Perspectives on the Prosecutorial Ethic, Symposium on The Prosecutorial Ethic: A Tribute to King County Prosecutor Norm Maleng, University of Washington School of Law, Seattle, WA, May 2008
Innocentrism, 2008 National Innocence Network Conference, Santa Clara University School of Law, Santa Clara, CA, Mar. 2008
Research: What We Need and Want to Know About Wrongful Convictions and How to Do So, 2008 National Innocence Network Conference, Santa Clara University School of Law, Santa Clara, CA, Mar. 2008
Innocentrism, Beyond Biology: Wrongful Convictions in the Post-DNA World Symposium, University of Utah S.J. Quinney College of Law, Nov. 2007
Tunnel Vision: Dealing with Overzealous Prosecutors, 2007 National Innocence Network Conference, Harvard Law School, Cambridge, MA, Mar. 2007
Moderator, Wrongful Convictions and Forensic Science: Current Developments, 2007 National Innocence Network Conference, Harvard Law School, Cambridge, MA, Mar. 2007
Moderator and Organizer, Synergy of Innocence Workshops: I: Wrongful Convictions and Advocacy and II: Wrongful Convictions and Scholarship, University of Utah S.J. Quinney College of Law, Salt Lake City, UT, Oct. 2006
The Innocent Prisoner's Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings, Second Annual Utah Valley State College Death Penalty Symposium, Utah Valley State College, Orem, UT, Sept. 2006
The Zeal Deal: Prosecutorial Resistance to Post-Conviction Claims of Innocence, Rosenthal Institute for Justice, University of Cincinnati College of Law, Cincinnati, OH, Apr. 2006
California Dreaming? The Golden State's Restless Approach to Newly Discovered Evidence of Innocence, The Faces of Wrongful Convictions: A Conference Examining California Justice Gone Wrong, UCLA, Los Angeles, CA, Apr. 2006
Moderator, The History of Wrongful Convictions, 2006 National Innocence Network Conference, University of Washington School of Law, Seattle, WA, Mar. 2006
Anatomy of a Wrongful Conviction: Theoretical Implications and Practical Solutions, Utah Valley State College Death Penalty Symposium, Utah Valley State College, Orem, UT, Sept. 2005
The Bipartisan Appeal of Innocence: Working with the Right on Legislative Issues Related to Wrongful Convictions, Innocence Network Western Region Policy Conference, Santa Clara University School of Law, Santa Clara, CA, Aug. 2005
Moderator, Educating the Public through the Arts: Wrongful Convictions in Print and in Film, 2005 National Innocence Network Conference, University of the District of Columbia, Washington, DC, Apr. 2005
Wrongful Convictions and Systemic Reform, Georgetown University Law Center, Washington, DC, Mar. 2005
Wrongful Convictions: An Issue of National (and Local) Significance, Twenty-Third Annual BYU Law School State and Local Government Conference, Provo, UT, Mar. 2005
Up the River without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts, Faculty Brown Bag, University of Utah, Salt Lake City, UT, Feb. 2005
Selected Ethical Issues in Representing Criminal Defendants on Appeal, Utah Association of Criminal Defense Lawyers Annual Conference, Salt Lake City, UT, Feb. 2005
Moderator, Ethical Dilemmas Panel, 2004 National Innocence Network Conference, Austin, TX, Apr. 2004
Case Screening: From 1000 Letters to 10 Clients, 2003 National Innocence Network Conference, New Orleans, LA, Mar. 2003
The Death Penalty and Wrongful Convictions, Robert M. Cover Public Interest Retreat, Peterborough, NH, Mar. 2003
Guest Commentator (discussing the eyewitness identification issues pertaining to the D.C.-area sniper investigation), Catherine Crier Live, Court TV, New York, NY, Nov. 2002
Actual Innocents: Considerations in Selecting Cases for a New Innocence Project, New York Law School, New York, NY, Oct. 2002
Professional Service
Member, Board of Directors, National Innocence Network
Co-Chair, Amicus Committee, National Innocence Network
Vice President, Board of Directors, Rocky Mountain Innocence Center
Honors & Awards
Peter W. Billings Excellence in Teaching Award, University of Utah College of Law, May 2010
Utah Association of Criminal Defense Lawyers Distinguished Service Award, September 2009
Received for efforts "in ensuring justice and due process."
College of Law Early Career Faculty Award, May 2009
Received prize for excellence in scholarship, teaching, and service by a junior member of law faculty at the University of Utah.
University of Utah Early Career Teaching Award, February 2008
University-wide teaching prize awarded to junior faculty members based on nominations from college dean and assessment of teaching portfolio by the University Teaching Committee.
University of Utah Student Choice Teaching Prize, April 2006
University-wide teaching prize awarded based on nominations from the student body and reviewed by chief student organization.
Bill Kochiyama People's Award, June 2005
Received for work from 2001-04 on post-conviction litigation resulting in the exoneration of David Wong for murder in New York State.
Professor of the Year, Brooklyn Law School, April 2004
Determined by vote of graduating class of students.
Professor of the Year, Brooklyn Law School, April 2003
Determined by vote of graduating class of students
Professional Affiliations
Bar Memberships
Massachusetts, 1995
New York, 1998