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Criminal Law

: Grits for Breakfast

Prosecutors justify opposition to DNA testing

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Several readers forwarded me a copy of The New York Times' piece yesterday about prosecutors blocking access to exculpatory DNA testing.It's a good read and covers the terrain well. One point I'd add from Texas' experience (particularly in Dallas), is that there's a potential unintended consequence for the state avoiding DNA testing: If the defendant turns out to be actually innocent, the clock may be ticking on the statute of limitations for prosecuting the real offender. Texas has seen cases where the statute of limitations ran out on the actual perpetrator WHILE prosecutors were fighting to prevent DNA testing that turned out to prove a false conviction.Today, Texas courts are much more likely just to order the tests, but some prosecutors still fight DNA testing...continue to full post

Full post as published by Grits for Breakfast on May 19, 2009 (boomark / email).

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