A National Effort to Improve State Post-Conviction DNA Testing Laws for the Innocent — The Innocence Project
1. 7/10/2015 A National Effort to Improve State PostConviction DNA Testing Laws for the Innocent — The Innocence Project
http://www.innocenceproject.org/newseventsexonerations/anationalefforttoimprovestatepostconvictiondnatestinglawsfortheinnocent 1/4
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Home > News & Events > A National Effort to Improve State PostConviction DNA Testing Laws for
the Innocent
A National Effort to Improve State Post
Conviction DNA Testing Laws for the Innocent
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Posted: July 10, 2015 2:46 PM
By Michelle Feldman, state policy advocate
When DNA technology first emerged, it provided little help to the wrongfully convicted who often had
exhausted all of their appeals and lacked statutory access to the DNA testing that could prove their
innocence. Over the past two decades, all 50 states have adopted laws aimed at providing a clear legal
avenue for the wrongfully convicted to access this crimesolving technology. However, despite the fact
that DNA testing has exonerated 330 people and identified 142 real perpetrators, some of these laws
contain more barriers than pathways to justice. The Innocence Project recently embarked upon a
campaign to improve postconviction DNA testing laws to ensure fair and meaningful access for the
innocent.
In some states, such as Oregon and Montana, defendants must meet a high standard of proof that
essentially requires them to demonstrate innocence before a court can grant testing. This is a Catch22