Module 14 :: Postconviction
Topic 1 :: Framework for Considering Cases
Factors in Postconviction DNA Testing Requests
Factors to consider in determining whether to conduct postconviction DNA testing (by agreement or court decision) include—
- The legal standard governing postconviction DNA testing in the applicable jurisdiction.
- The petitioner's current status.
- The potential probative value of testing existing biological evidence.
- Other evidence in the case.
- Whether a conviction is based on a guilty or no contest plea, or following a trial.
- The availability and type of DNA testing at the time of trial.
Online Link - Click here to view the National Institute of Justice publication, Postconviction DNA Testing: Recommendations for Handling Requests.