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DNA - A Prosecutor’s Practice Notebook Inventory

Considerations for Post-Conviction Case Reviews

Responsibilities to consider when formulating policies for post-conviction case review are listed below:
 

  • Prosecution responsibilities
    • Establishing the appropriate review standard to be used in case selection and in identifying cases to be tested or retested.
    • Establishing appropriate deadlines for review completion.
    • Assigning responsibility for the evaluation and interpretation of exclusionary test results, and determining the appropriate official response.

Additional responsibilities to consider when formulating policies for post-conviction case review include:

  • Law enforcement responsibilities
    • Identifying which cases were closed before DNA evidence was available to the jurisdiction.
    • Identifying which cases
      • Still have biological evidence remaining, and
      • Resulted in a conviction of a person still alive.
  • Laboratory responsibilities
    • Identifying which cases still have biological evidence amenable to testing.

Policies should also address which agency will be responsible for notifying the victim or next-of-kin and the appropriate timing of the notification.

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