Decide Whether to Order DNA Analysis Without Challenge
A prosecutor should normally agree to testing without opposition in category 1 cases. For example, when a rape case turned solely, or in large part, on eyewitness testimony, where serology at the time was inconclusive or not highly discriminating, and newer, more discriminating tests are now available, the prosecutor should order DNA testing.Go to the Next Section: Notify the Defense and Victim of Decision
Download the complete document: 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
- 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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