In a recent decision of the Supreme Judicial Court of Massachusetts, DNA evidence has again entered the spotlight of criminal proceedings and post-trial challenges to convictions. In an opinion released last month, the Court has determined that criminal defendants may retest DNA evidence in order challenge their convictions.
The Role of DNA Testing in Criminal Trials
Increasingly, prosecutors and police investigators rely on DNA evidence to catch catch criminal culprits. Based on a biological sample collected at the scene of a crime--such as a drop of blood or a strand of hair--forensic specialists can examine the DNA and compare it to the DNA of a suspect in the crime. The key to DNA testing is the idea that that no two people share the same DNA. Thus, if law enforcement can match the DNA of a criminal suspect to DNA gathered at the scene of a crime, they have evidence that the criminal suspect was present. For this reason, DNA evidence offers compelling information as to whether a suspect is associated with a crime.
The Role of DNA in Proving Innocence
A growing use of DNA evidence has been to prove the innocence of already convicted criminals. In these cases, criminals were convicted before the wide use of DNA testing based on other evidence of their guilt. By testing biological evidence gathered from the scene of the crime and still in storage today, these convicted criminals have shown that their DNA in fact does not match DNA associated with the crime. In hundreds of cases, this new DNA evidence has led to the release of suspects from prison who were wrongly convicted.
DNA Evidence Only as Good as the Laboratory Techniques Used
Because DNA testing is complicated, the veracity of such evidence depends largely on the laboratory methods employed by forensic experts. If the laboratory is sloppy, or if technicians fail to follow accepted testing practices, such DNA evidence may prove false and unreliable.
Those Relying on DNA Evidence Get a Second Chance
In examining the use of DNA testing, the Supreme Judicial Court of Massachusetts ruled that defendants in criminal cases may have biological evidence retested in certain circumstances. The reason is that DNA testing methods and techniques have evolved over time to become more and more accurate. Thus, where a person was convicted on DNA evidence gathered by a particular testing technique, that person can subsequently retest the evidence using newer testing techniques in order challenge the reliability of the earlier test.
As Associate Justice Fernande R.F. Duffy wrote, a person’s request for a new test “should not be denied on the ground that the evidence sought to be tested has been subjected previously to a method of testing, if the accuracy of that testing has materially improved the test’s ability to identify the perpetrator of a crime.” In short, those convicted of crimes based on DNA evidence may have an opportunity to re-examine and challenge the evidence against them.
Getting Help When You Face Criminal Charges
If you believe you have been wrongly charged or convicted of a crime based on DNA evidence, it is critical that you speak with an experienced criminal defense lawyer right away. A skilled criminal defense attorney can help you understand your rights, provide sound legal advice, prepare you for trial, defend you in court, and help you with post-trial challenges to your conviction. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.
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