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.

The way DNA evidence is collected, preserved, and tested is critical to the success of its use in criminal cases. NIJ’s Postconviction DNA Testing: Recommendations for Handling Requests examines legal and biological issues applied to DNA technology in the appeals process while recognizing the value of finality in the criminal justice system. The report suggests recommendations for prosecutors, defense counsels, courts, victims' advocates, and laboratory personnel when receiving requests for postconviction DNA testing to maximize the future benefits and use of DNA in postconviction proceedings.

The report is the work of the Working Group on Postconviction Issues, one of five working groups that reported 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.

This site presents the content of that report. You also may view full document in Acrobat PDF or ASCII.