• Background: 207 people have been exonerated since using DNA evidence.
• Debate: Many errors made in justice system v. Too costly
• Country Comparisons: The U.S. is one of the only countries that can afford to use DNA testing and still uses capital punishment.
• Legislation: Justice for All Act 2004

Background

• DNA testing can reliably distinguish between the DNA's of individuals since each individual's DNA is uniquely different from anyone else's (barring identical twins and bone marrow transplant). DNA is an invaluable piece of evidence but tests are always employed for various reasons. Sometimes, the nature of the crime is not conducive to DNA testing or DNA samples may not have been collected at the crime scene and sufficiently preserved for later testing. The fear that introducing tests will reopen too many old cases has prevented officials from using DNA testing post-conviction. Some speculate that using modern DNA tests in old cases would highlight the mistakes of the criminal justice system. (Source: The Innocence Project)
• To date, there have been 207 people in the United States who have been exonerated post-conviction due to DNA tests. 15 of the exonerated were on death row, and the average length of time served by in prison by those later found innocent by DNA tests is 12 years. According to a controversial1993 study entitled "Miscarriages of Justice in Potentially Capital Cases," there have been 23 known executions of innocent people in the United States since 1900. Others now put the figures over 40 ("In Spite of Innocence" by Michael Radelet). In several states, governors have issues moratoriums on executions in light of new DNA evidence that revealed the innocence of many people awaiting death. At least 1 person from death row is found innocent from post-conviction DNA testing on average each year in the U.S. (see story)

Debate

• Proponents of DNA testing say that the justice system's record of error is reason to introduce DNA testing in all capital cases to ensure that innocent people are not sentenced to death. 14 states have introduced legislation that allows for post-conviction DNA testing in capital cases.
• Opponents argue that DNA testing for the more than 2000 death row inmates in the U.S. would be costly and time-consuming and would over-burden the system.

Country Comparison

• The United States is among one of the few countries in the world that has not abolished capital punishment and has executed prisoners within the past decade. Those countries that retain the practice either lack capacity or technology to introduce DNA testing or are characterized by brutal regimes. The countries with the most executions since 2006 are China (between 1010 and 8000), Iran (177), Pakistan (82), Iraq (65), Sudan (65), and the United States (53).

Recent Legislation

• In 2004, the Justice For All Act (sponsored by Sen. Patrick Leahy (D-VT) and Rep. William Delahunt (D-MA)) was signed into law. Among other criminal justice reforms, it allows prisoners on death row to request DNA testing on evidence from their case that is still in government possession and that could help establish their innocence.