Friday, April 27, 2012

Why are states reluctant to allow convicted prisoners to use DNA to prove their innocence?

Good question. Apparently many convicts in Virginia have been proven innocent, but the state is not in a hurry to let them know about it.

Initially, Virginia’s state authorities had no plans to notify the convicts that their DNA was being tested. Then, in 2008, the state legislature ordered them to notify those same convicts that their samples had been found and might be examined. If a convict failed to return the paperwork, the sample was tested nonetheless. Despite Marone’s claim that the Department of Forensic Science only conducts lab work, it alone is responsible for informing state prosecutors and police that former convicts have been cleared by DNA tests.
The department put out a call to pro bono lawyers around the state, who were asked to hand-deliver notifications that the accused might now be subject to DNA retesting. But there was a condition: Those lawyers were required to sign confidentiality agreements indicating that they were barred from explaining the content of the letters to the accused or from representing them in court.

In a related story, do we have to accept the execution of innocent people if we are to have a death penalty?