Post-Conviction DNA Testing and Wrongful Conviction.

摘要

Forensic evidence, particularly fingerprints, has been used for more than a century to aid law enforcement investigations. However, only in the past decade has the use of deoxyribonucleic acid (DNA) testing to include or eliminate suspects and exonerate those convicted in serious crimes become relatively common. DNA evidence is said to be individualizing because of its power to link a person to a criminal incident. And unlike fingerprints, the probability that questioned evidence from a crime scene matches DNA from a known person can be calculated. In past decades, the investigation of serious crimes that led to a conviction typically did not use individualizing forensic biological evidence such as DNA. Thus, it is possible that some individuals convicted in serious person crimes (sexual assault and homicide) would have been eliminated by a forensic analysis more discriminating than what was available at the time. To estimate the rate of such possible wrongful convictions and to identify their predictors, the National Institute of Justice (NIJ) in the U.S. Department of Justice funded retrospective DNA testing of physical evidence in cases where there was a conviction of a sexual assault or homicide and physical evidence was retained.