NOTE: This material was compiled in 1999. For more up-to-date information on compensation laws, research a specifc State's statue or review a summary of State compensation laws compiled and tracked by the Innocence Project .
Is an Inmate Whose Conviction is Vacated on the Basis of Favorable Postconviction DNA Testing Results Entitled to Compensation?
A survey of statutes that compensate persons wrongly imprisoned concludes that compensation statutes exist in only 14 States and the District of Columbia. Most of these statutes have low yearly caps, as well as total caps, and States pay few claims.
Go to the Next Section: Biological Issues
Download the Complete Report: Postconviction DNA Testing: Recommendations for Handling Requests (Adobe PDF)
Postconviction DNA Testing: Recommendations for Handling Requests
- Background on DNA Testing
- Framework for Analysis
- The Roles of Participants
- Legal Issues
- The Impact of DNA Testing
- Can a Right to Discovery be Inferred From Statutes?
- Is There a Constitutional Right to Testing Under the Brady Doctrine?
- Access to Testing Through Habeas Corpus Review
- Other Bases to Obtain Access to Testing
- What Kind of Showing Must the Petitioner Make to be Afforded Access to Testing
- May Consensual Partners Be Required to Provide Elimination Samples?
- Time Limits
- Is a Petitioner Entitled to Testing in Order to Pursue Executive Clemency if the Results are Favorable?
- Is an Indigent Petitioner Entitled to Have the State Pay for Postconviction DNA Testing?
- Inmate Compensation
- Biological Issues
- Recommendations for Prosecutors
- Recommendations for Defense Counsel
- Recommendations for the Judiciary
- Recommendations for Victim Assistance
- Recommendations for Laboratory Personnel
- Survey of Postconviction Statutes
- Summary of Postconviction DNA Motions
- Back to "Uses of Forensic DNA"
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