Deoxyribonucleic acid, commonly known as DNA, can be key evidence in various criminal trials, and it can also help to overturn wrongful convictions, although doing so presents numerous challenges. Thanks to improved DNA analysis methods, it is possible for convicted individuals to re-examine DNA or forensic evidence to uncover prosecutorial or police misconduct, as well as false or inaccurate witness testimonies. For assistance with appeals or post conviction relief, get in touch with a Monticello, New York criminal law appeals attorney today; call The Law Office Of Benjamin Greenwald at (845) 567-4820 to arrange a preliminary consultation.
Understanding Forensic Evidence
According to the National Institute of Justice (NIJ), the two main types of evidence are testimonial and physical evidence. The former refers to written or verbal statements provided by witnesses or victims, whereas the latter concerns tangible evidence, such as biological material (like saliva, semen, or blood), fingerprints, fibers, glass fragments, pieces of adhesive tape, tire tracks, tool marks, shoe prints, paint chips, vegetation and soil, accelerants, narcotics, and hairs; this tangible evidence is what constitutes forensic or DNA evidence. Physical evidence is often, but not always, present in crime scenes, with the amount and type of physical evidence created largely depending on a crime’s circumstances.
Investigators use forensic/physical evidence to re-create crime scenes and determine the events leading up to the incident. DNA evidence can verify suspect, witness, and victim statements, and when correctly collected, preserved, documented, and analyzed, it can be more dependable than testimonies. Compared to testimonial evidence, which is typically subjective, DNA evidence is more objective in nature.
What Is Post Conviction DNA Testing and Wrongful Conviction?
Post conviction DNA testing relates to re-examining the DNA evidence of already concluded criminal cases resulting in convictions, which helps to exonerate non-guilty parties, verify valid convictions, and identify actual wrongdoers. This process stems from forensic science advancements in the 1980s, transforming investigative procedures and offering more certainty in determining perpetrators in comparison to traditional methods.
The NIJ states that wrongful convictions may transpire in two scenarios: either because the convicted individual experienced a rights violation as a result of procedural errors, or due to convictions on the basis of factual innocence. DNA testing after conviction can at times detect factual innocence and has increasingly contributed to discovering wrongful convictions, enabling the re-testing of evidence from cases heard during the pre-DNA period. Also, DNA technological advancements allow the re-examination of physical evidence that may have previously led to inconclusive results under older DNA analysis methods.
How Many Post Conviction DNA Exonerations Have Happened in the US?
Per the Innocence Project, between 1989 and 2020, there were 375 DNA exonerations won across 37 states. From these 375 cases, the number of years served averaged 14. 21 of these individuals were serving time while on death row, 44 submitted guilty pleas to offenses they did not commit, and only 268 exonerees received compensation for their wrongful convictions. In addition, 69% of these exonerations involved misidentifying eyewitnesses, 43% concerned misapplying forensic science, 29% related to false confessions, and 17% concerned informants; in these cases, only 165 actual wrongdoers were identified.
Learn more regarding post conviction DNA or forensic evidence by contacting an experienced New York appellate attorney. Call The Law Office Of Benjamin Greenwald today to book an initial case review and get assistance with appealing a wrongful conviction.
How Long Does it Take to Get Forensic DNA Results?
Forensic DNA results are typically available within a 24 to 72-hour period. The exact time varies depending on whether forensic labs have backlogs. Moreover, the chain of custody, referring to the meticulous process of documenting evidence collection and analysis to ensure admissibility, impacts the length of time required to obtain DNA results; the more detailed this process is, the longer it takes to acquire the results of forensic testing.
What Are the Challenges of Utilizing Post Conviction DNA or Forensic Evidence?
Overturning a conviction can be difficult since the convicted party must provide evidence that proves their innocence, as opposed to during a trial, where the burden of proof rests with the prosecution. Below is an overview of the hurdles associated with challenging a wrongful conviction using DNA evidence.
Preserving Evidence
The DNA evidence required to exonerate a convicted individual might be lost, destroyed, or contaminated, particularly if it relates to a very old case. In this scenario, overturning a conviction via DNA evidence re-evaluation is highly unlikely.
Prosecutors Opposing Re-Examination
To avoid damaging their reputation for securing convictions, prosecutors may fiercely oppose evidence re-examination, which can make it difficult for convicted individuals to challenge a wrongful conviction. For instance, the prosecution may argue that there is other sufficient evidence related to the case or that an appellate court has upheld the conviction.
Financial Challenges
There are also financial burdens associated with reassessing DNA evidence. The defendant might have to pay for DNA testing, in addition to funding court costs, legal fees, fines, and other expenses.
Admissibility Requirements
When seeking to reassess DNA evidence, it is necessary to follow set legal procedures, including those associated with testing techniques and tissue preservation. Otherwise, a court may deem such evidence as inadmissible.
Speak to a New York Criminal Law Appeals Attorney To Learn More
If wrongfully convicted, options are available. Criminal appeals can be an effective method of correcting miscarriages of justice and rectifying improper convictions. An experienced Sullivan County, New York criminal appeals lawyer can help by evaluating a case and discussing legal options. The Law Office Of Benjamin Greenwald can help convicted persons and their loved ones navigate appeals and other post conviction procedures. Call our firm today at (845) 567-4820 to learn more about DNA or forensic evidence and discuss your legal concerns with a New York criminal law appellate lawyer.
