{"id":352295,"date":"2024-01-26T16:43:49","date_gmt":"2024-01-26T21:43:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/post-conviction-dna-analysis.html"},"modified":"2024-01-26T16:43:49","modified_gmt":"2024-01-26T21:43:49","slug":"post-conviction-dna-analysis","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/post-conviction-dna-analysis.html","title":{"rendered":"Post-Conviction DNA Analysis"},"content":{"rendered":"\n
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Post-Conviction DNA Analysis<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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DNA technology, forensic science, and testing procedures have advanced over the years. As you might expect, the use of DNA evidence in the criminal justice system has, too. DNA evidence is a powerful tool for both the state and defendants in a criminal case.<\/p>\n\n <\/div>\n\n

Prosecutors and defense attorneys routinely use DNA evidence at trial to prove whether a defendant committed a crime. Parties may also use DNA analysis after a conviction<\/a>. Requests for post-conviction DNA testing<\/a> are so prevalent that the federal government and every state have passed laws governing when and how a convict can request DNA testing after a conviction.<\/p>\r\n

The following is an overview of DNA analysis used to obtain post-conviction relief. First, it briefly describes DNA evidence<\/a>. Then, it discusses post-conviction DNA testing and how parties use it to exonerate convicted people. It concludes with Supreme Court precedent addressing DNA analysis and legal relief for the exonerated.<\/p>\r\n

What Is DNA Evidence?<\/h2>\r\n

In 1985, British scientist Alec Jeffreys<\/a> developed DNA (deoxyribonucleic acid) testing. DNA evidence comes from biological material, such as hair and blood. Investigators often collect this type of physical evidence from crime scenes.<\/p>\r\n

Every person has a unique DNA profile. So, biological evidence from a crime scene may raise a reasonable probability that a specific person was at the scene. Each state has laws governing DNA collection and testing procedures. For more information, check your state’s DNA testing statutes<\/a>.<\/p>\r\n

The Federal Bureau of Investigations (FBI) and most police departments keep DNA databases. For example, the Combined DNA Index System (CODIS)<\/a> compiles genetic evidence. If crime scene evidence includes DNA samples, the agency may log it in CODIS. This allows law enforcement agencies to cross-reference DNA test results with logged DNA samples quickly.<\/p>\r\n

DNA Analysis After a Conviction: The Basics<\/h2>\r\n

The use of post-conviction DNA analysis has resulted in the release of many innocent people. The Innocence Project<\/a> uses post-conviction DNA analysis to free the wrongfully convicted. Its use of post-conviction DNA analysis has resulted in 202 exonerations and release<\/a>s of prisoners. According to the University of Michigan Law School<\/a>, post-conviction DNA analysis led to 594 exonerations between 1989 and 2023.<\/p>\r\n

Post-conviction DNA analysis is typically available in two types of cases:<\/p>\r\n