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Criminal-Defense
Articles > DNA Testing
DNA
Testing in the 21st Century
DNA testing started to be utilized
in some limited criminal cases beginning in the 1980s. As
the last two decades have progressed, DNA testing has become
more refined and effective. And, as a result, DNA testing
has become more prevalent in criminal cases in the United
States and around the world.
The news media has been flush
with reports about how DNA testing has become crucial in reversing
convictions of inmates who have maintained their innocence
since the time of their arrests. Certainly, rarely does a
week wander by where there is not a media report about DNA
testing and related issues and matters.
DNA testing has been most useful
in cases involving accusations of sex crimes and homicide.
DNA tests have also been helpful and useful in other cases
as well, of course. But sex crimes and homicide are the two
areas of criminal law where DNA test results have proved most
fruitful.
There are definite protocols
that must be followed when a prosecutor or defendant seeks
to utilize DNA test results in a criminal prosecution. In
many ways, DNA testing is still an experimental procedure.
The reliability of DNA testing, while proven competent to
a rather significant degree, remains unperfected. However,
as time has past, DNA testing has become more readily acceptable
in courts nearly everywhere.
A typical citizen who witnesses
the media parade regarding DNA testing might wonder why it
is not more widely utilized. With the recent rash of inmates
set free from prison because of new DNA test results leads
to the logical question of why aren't DNA tests more widely
used. In other words, why are so many inmates who proclaim
their innocence facing a truly uphill battle to gain permission
to obtain a DNA test to support their contentions. Rationally
speaking, a typical citizen may wonder why any inmate maintaining
his innocence can't easily obtain a DNA test.
In criminal prosecutions and
the justice system generally there is a definite need for
finality. Rules regarding finality effectively cut off a convicted
person's opportunity to continue to challenge his conviction.
Absent a doctrine of finality, a convicted person could carry
on forever fighting their case. Any attempt at maintaining
a sense of judicial economy would be defeated in the process
and the judicial system would become horribly clogged and
ultimately would collapse on itself.
Because of the doctrine of
finality, even when there is some suggestion that an inmate
is innocent, he will not automatically be given the chance
to raise the claim after a significant amount of time has
passed. Because of the doctrine of finality, it is hard to
disturb a conviction after the time for appeal and other post-conviction
avenue of relief have expired. Normally, this all occurs within
a year unless an appeal or other effort at post judgment relief
properly is lodged during the first year or less following
the conviction. Once this time runs or expires, only in very
rare circumstances will a defendant be permitted to further
pursue his claim for relief.
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