Screening the Initial Request

Defense counsel should do an extensive screening to determine if the case is suited to DNA testing. The screening process' ultimate goal is to classify cases according to the criteria set forth in A Framework for Analysis. The classes of cases are as follows:

Category 1. These are cases in which biological evidence was collected and still exists. If the evidence is subjected to DNA testing or retesting, both the prosecution and defense agree that favorable results will exonerate the petitioner.

Category 2. These are cases in which biological evidence was collected and still exists. If the evidence is subjected to DNA testing or retesting, favorable results would be helpful to the petitioner's claim of innocence, but reasonable people might disagree as to whether the results would amount to a demonstration of innocence or would establish reasonable doubt, or would merely constitute helpful evidence. This category also includes cases where, for policy and/or economic reasons, there might be disagreement as to whether DNA testing should be permitted at all or, for indigent inmates, at State expense. The decision on whether retesting should be done may have to made by a judicial officer.

Category 3. These are cases in which biological evidence was collected and still exists. If the evidence is subjected to DNA testing, favorable results will be inconclusive.

Category 4. These are cases in which biological evidence was never collected or cannot be found despite all efforts. In such a case, postconviction relief on the basis of DNA testing is not possible.

Category 5. These are cases in which a request for DNA testing is frivolous.

Please note that there are several types of situations within these classifications that may frequently occur. These include cases where:

  • Evidence exists and elimination samples from third parties need to be collected.
  • Evidence is believed to exist, but cannot be found, at least initially.
  • Evidence exists, but may not be testable because it is old and has degraded.

Go to the Next Section: Screening Steps

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