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.

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