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Providing DNA Testing and Legal Help to Prisoners Who May Have Been Wrongly Accused of a Crime

Photo: Tyrone Day attends his exoneration hearing in the Frank Crowley Courts Building in Dallas, Texas on May 24, 2023. (Image: Montinique Monroe for Innocence Project) 

Since the advent of forensic DNA testing in the 1980s it has become possible to draw up a genetic profile of a suspect. The Innocence Project is working to use this new forensic tool. They involve lawyers, law students, and law schools in assisting prisoners. They provide legal services to help prisoners challenge their convictions based on DNA testing of evidence. This in turn has helped exonerate wrongly convicted defendants. DNA analysis of evidence has helped to clear and gain the release of more than fifty people in the United States.

Advancing Forensic DNA Testing for Justice

Members of the legal profession founded The Innocence Project. They aid prisoners seeking to challenge their convictions through use of such testing. They offer legal aid to those convicted in cases where DNA testing of evidence can yield conclusive proof of innocence.

It began in 1992 at the Cardozo School of Law in New York. The Innocence Project has now established itself in clinics and law schools throughout the United States. There are two Projects in Australia as well. The programs offer free legal help to inmates who challenge their convictions based on DNA testing of evidence. Primarily, law students take up the cases. Supervision by law school faculty, other attorneys, and clinic staff support the students. Projects are also active in national efforts to pass new laws, and put in place new policies. Projects gather research to reverse and to also prevent wrongful convictions.

Collaborative Partnerships of Specific Projects

The Cardozo program, for instance, is working with the National Association of Criminal Defense Lawyers. It is developing legislation that would provide statutes in every state. These statutes would allow for easier access to post-conviction DNA testing of evidence. Especially when such access might provide conclusive proof of innocence.

The Innocence Program Northwest is a nonprofit alliance of attorneys, law school faculty, and law students at the University of Washington School of law. It provides free representation to inmates who are wrongfully convicted of serious crimes. Those who no longer have a right to counsel, and have a recognizable claim of actual innocence. Activities in the project involved reading inmate letters and questionnaires to select cases for further investigation.

The Wisconsin Innocence Project, at the University of Wisconsin, offers an academic course. It explores the procedures and barriers to investigating and litigating post-conviction claims of innocence. It includes classroom sessions and representation of prisoners who have viable claims of innocence. Students examine:

  • the common errors or problems that produce wrongful convictions
  • the process for investigating a claim of innocence
  • post-conviction discovery rules
  • the competing interests of finality accuracy in criminal litigation
  • state and federal post-conviction procedures
  • the nature and uses of DNA and other scientific evidence, and
  • the rules governing admissibility of such evidence.

Barriers to Justice

There are often not enough resources to provide help to all who request it. This is despite the growth of the Project in institutions throughout the country. In addition, there are other barriers.

  • Clients must usually pay for the DNA testing themselves. Those lacking the financial resources often cannot be accepted as clients.
  • Even when their claims of innocence may be valid, clients are turned away. The Project at this point only aids client cases where DNA testing is relevant.
  • The Project has also faced difficulties at a state and national level. The Project has encountered a reluctance to embrace DNA testing as a crucial resource in retrying cases. This is particularly true for prisoners on death row.

What we can learn from this Tactic:

This tactic underscores the importance and use of scientific advancements to advance justice. It provides concrete examples of how forensic DNA testing can revolutionize the criminal justice system. But it is important to recognize that the technology alone is not enough. This tactic required the involvement of significant professional collaborations. These collaborations provided significant resources and experience. This expanded the resources available to prisoners. But the financial constraints highlight systemic inequalities. Systemic reforms would improve the integrity of the entire criminal justice system. These considerations are important when adapting this tactic in a new context. Each context has its own legal and judicial barriers. These will be critical considerations for protecting the rights of the wrongfully convicted.
New Tactics in Human Rights does not advocate for or endorse specific tactics, policies or issues.

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