Role of Laboratory Personnel in Postconviction Testing

The public or private laboratory skilled in DNA testing can assist in the postconviction process in a number of ways, including:

  • Agreeing to conduct some pro bono testing at the request of a judicial officer, prosecutor, defense counsel, or project.
  • Making its personnel available to assist participants in a postconviction proceeding who lack adequate technical expertise.

Recommendations for Laboratory Personnel

These recommendations are addressed to any laboratory personnel who are contacted regarding postconviction requests for DNA testing. This would include laboratories that are being contacted: 1) regarding work previously done on evidence in the case, or to determine whether any evidence remains, and its location; 2) as consultants to advise attorneys, the judge, or the defendant regarding DNA testing; and/or 3) to perform DNA tests. This section also covers considerations for selecting a laboratory for DNA testing.

Handling Initial Requests

The laboratory may be contacted by various individuals (e.g., defendant, defendant's family, prosecuting attorney, defense attorney, judge) regarding postconviction relief. Someone in the laboratory must determine the appropriate response in light of the stage in the postconviction process at which the laboratory is being contacted. For instance, if the laboratory is contacted directly by the defendant or the defendant's family seeking information regarding postconviction relief, the laboratory should refer the individual(s) to the prosecuting attorney's office and/or the defense attorney's/public defender's office. Depending on the laboratory's policies, information may be provided regarding the existence of any evidence remaining in the laboratory and its suitability for testing. If the laboratory is contacted by an attorney or a judge, the laboratory should provide the requested information and, most importantly, preserve the samples in an appropriate manner for future testing.

Go to the Next Section: Role of the Expert in the Laboratory

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