Tools for the innocent
There exists the possibility that humans can and do make errors and that juries are not infallible. Mistakes are made and innocent men and women on occasion are sent to prison. Until DNA came along, other than protestations of innocence little was available to help them clear their names. In Pennsylvania inmates have had mixed reaction in attempting to seek DNA testing of evidence during appeals of their cases. That is set to change.
Today, DNA testing is routine. Recognized as genetic fingerprinting, it is used often in cases of homicide, rape and incest. Inmates have successfully petitioned the courts to allow them to go back, request DNA testing of evidence used to gain convictions. Some were cleared of wrongdoing. For others, the testing confirmed their guilt.
The decision to allow DNA testing in old cases has not been uniform across Pennsylvania and some inmates, possibly even innocent ones, have been denied this avenue.
That is all about to change. New legislation sets out the procedures for inmates to petition for post-conviction DNA testing.
The inmate must show the DNA testing addresses identification issues and could prove him innocent. If the evidence was discovered before trial, the inmate must show the technology for DNA testing did not exist then, the defense attorney did not seek it or that the court had refused a request by an indigent defendant.
These terms were developed through bargaining by law enforcement, civil rights advocates and prison rights activists. It is a fair bill that will work to set free the innocent yet keep the guilty locked away.