Up the River Without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts.

By Daniel Medwed / Arizona Law Review, on 1 January 2005

This Article aims to provide an examination: An analysis of the state procedures that prisoners may employ after trial to litigate innocence claims grounded on newly discovered non-DNA evidence. Ultimately, the result of this examination is far from sanguine. Little-altered in decades beyond the trend toward recognizing the benefits of DNA testing, the structure of most state procedures means that a prisoner’s quest for justice may turn on the fortuity that a biological sample was left at the crime scene and preserved over time. The fact that DNA testing provides a modicum of certainty to an innocence claim does not imply that claims lacking the possibility of such certainty are spurious; on the contrary, DNA has unearthed holes in the criminal justice system, holes that are likely also prevalent in cases without biological evidence.

  • Document type Article
  • Countries list United States
  • Themes list Innocence, Networks,