Limitations of DNA Statutes 1
Defense has...
Burden of proof
When did the Post-conviction DNA testing law go into effect?
January 1, 2001 in CA
the three ways for wrongfully convicted to get out of prison are Post-Conviction DNA Testing, Habeas Corpus, and Clemency - T or F
True
Burden of proof?
Defense must not only prove testing may exculpate the petitioner, but also that testing may implicate another individual
Penal code section 1417.9
Ensures that law enforcement keep for a longer time all known biological material with apparent potential significance on an issue of identity
Habeas Corpus is completely up to the judge for wrongfully convicted when the petition is brought to court - T or F
False - Allows petitioners to present evidence not presented at initial trial
Some states do not permit access to DNA when the defendant originally pled guilty
CA Penal Code 1405
The cost of DNA testing ordered under this section shall be borne by the state or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the ability to pay. However, the cost of any additional testing to be conducted by the district attorney or Attorney General shall not be borne by the convicted person
The 9-step process - Step 4 is State Supreme Court - T or F
False - Step 4 is State post-conviction trial court, Step 5 is State supreme court
Length of DNA process
Many states fail to require full, fair, and prompt proceedings once a DNA testing petition has been filed allowing the potentially innocent to stay
Who signed the New CA innocence law?
Governor Brown
Cases of innocence are rarely heard - T or F
True
Finality of denies DNA petitions
Several laws do not allow individuals to appeal denies petitions for testing
What is the CA innocence LAW - SB 1134
Wrongfully, convicted individuals must prove that had the new evidence been available at the original trial, they more likely than not would have been acquitted of the crime
The innocence protection act of 2004 provides cpmvhiocted individuals access to post conviction DNA testing - T or F
True