How to Get DNA Testing of Evidence for Someone on Death Row

DNA testing is used extensively in criminal cases. Based on the premise that DNA is as exclusive as a fingerprint, it is a common practice in most jurisdictions to accept the results of DNA tests to match evidence such as blood, saliva, bones, sperm, hair and skin to samples gathered from the victim and the perpetrator.

Instructions

Difficulty: Challenging

1. Understand great advances have been made in DNA technology since the 1990s. Forensic analysis of DNA is a major tool in placing the perpetrator at the scene of the crime.
2. Reexamine evidence collected at the crime scene with current DNA technology. With today's advances in analysis, minute amounts of evidence are required to obtain a DNA profile.
3. Understand the importance of evidence collecting. If any crime scene evidence was mishandled or lost, it may be difficult to get DNA testing for someone on death row.
4. Join a support group such as The Innocence Project for more information and understanding of how to get DNA testing for someone on death row (see Resources below).
5. Know that federal, state and local law enforcement agencies maintain a database called CODIS (Combined DNA Index System) that contains DNA from convicted offenders. The information in CODIS can be used on old evidence to search for offenders.
6. Get an appeal for a review of evidence started as quickly as possible through the appropriate channels, such as a defense attorney.
7. Recognize that DNA evidence such as body fluids, skin cells and hair must be collected and stored properly in order to be used as evidence in a court of law. Mishandled evidence is of little value in exonerating someone on death row.
8. Do your homework. Look for case histories with successful exoneration through DNA for someone on death row. Review the entire process, including the DNA lab used for testing evidence.

Tips & Warnings

• Obtaining the most accurate results requires the use of the latest DNA testing equipment. Check with your local criminal investigators to determine the quality of DNA forensic equipment available.
• While DNA testing of evidence is used for some on death row, keep in mind the state laws that limit the timeframe within which someone can make an appeal for DNA comparison. Expect to pay a substantial amount for using the DNA defense on a death row inmate.