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The New Innocence Protection Act

The National Association of Criminal Defense Lawyers (NACDL) has a webpage up here with all the information about the newly introduced Advancing Justice Through DNA Technology Act of 2003, which contains a modified version of the Innocence Protection Act.

NACDL has just issued a press release praising the legislation (we will link to it when it's available on the web)--but also expressing these concerns:

We regret that the Act does not go further to redress the gross imbalance that exists between resources available to prosecutors as compared to resources available to defense counsel. Although Congress already gives hundreds of millions of dollars to state and local prosecutors, the Act requires that the newly authorized funds be allocated equally between capital defense and capital prosecution improvement purposes. Additionally, while competent counsel is the principle bulwark against wrongful convictions, there are many other steps that must be taken to reduce the risk of imprisoning or executing an innocent person. The eyewitness identification procedures used in most jurisdictions are prone to error and, despite many troubling cases of false confessions, most jurisdictions do not require that police interrogations be videotaped. NACDL urges policy-makers to more fully address the systemic problems that underlie wrongful convictions.

We are troubled by a provision in the larger DNA-related bill that would eliminate the statute of limitations in certain cases. Statutes of limitations ensure that individuals do not face the impossible task of mounting a defense to decades-old accusations, when evidence of innocence may no longer be available. To override this protection, the bill only requires that DNA testing “implicates an identified person,” regardless whether the DNA was recovered within the statute of limitations. This provision is at odds with the Innocence Protection Act's purpose of preventing wrongful convictions and should be removed. A much better approach -- used in Wisconsin, New York, and elsewhere -- is to obtain from a magistrate a “John Doe” arrest warrant containing a DNA profile as a description of the suspect.

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