Postconviction DNA Testing: Recommendations for Handling Requests

In recent years, technological progress in DNA (deoxyribonucleic acid) testing has made DNA evidence a predominant forensic technique for identifying criminals when biological tissues are left at a crime scene. DNA testing on samples such as saliva, skin, blood, hair, or semen not only helps to convict, but also serves to exonerate. The sophisticated technology makes it possible to obtain conclusive results in cases in which previous testing had been inconclusive. Postconviction testing will be requested not only in cases in which DNA testing was never done, but also in cases in which the more refined technology may result in an indisputable answer. It is hoped this report, Postconviction DNA Testing: Recommendations for Handling Requests, will help participants through the postconviction process. The report is the work of the Working Group on Postconviction Issues, one of five working groups that report to the National Commission on the Future of DNA Evidence. The suggestions are based on the group’s consensus on how defense counsel, prosecutors, judicial officers, victims’ advocates, and DNA laboratories can respond effectively at the various stages of a postconviction request for DNA testing. Cooperation on the part of law enforcement officials may be crucial; materials needed for testing or retesting may be in their possession. To properly implement the recommendations contained in this report, participants in postconviction DNA proceedings need to consider the category of the case in which the DNA testing is sought and whether participants need to adjust the roles they customarily play in adversarial proceedings.