NCJ Number
207520
Date Published
September 2004
Length
38 pages
Annotation
This monograph summarizes key conclusions reached at a 2003 conference that discussed and assessed various approaches for using DNA evidence in criminal investigations and prosecutions, with a view toward maximizing both resources and probative value.
Abstract
The conference was attended by over 200 prosecutors, law enforcement officers, DNA analysts, sexual assault nurse examiners (SANE), and other criminal justice practitioners. One section of this paper focuses on "new" cases, defined as those in which the offense has been newly detected but the perpetrator has not yet been charged. Two issues were identified as benefiting most from policy development: early case evaluation or evidence review and discovery. The discussion of early case evaluation describes the use of a multidisciplinary team and the responsibilities of the prosecutor, the lab, and the police. The discussion of discovery in DNA cases (making all DNA evidence available to the defense) focuses on sample consumption, the remaining sample available for testing, and prosecutor and lab responsibilities. Another section of this report addresses the use of DNA evidence in old, unsolved cases that are usually referred to as "cold cases." This is followed by a section on "collaterally attacked" closed cases. These are cases in which the defendant has been convicted of an offense and seeks to attack his/her conviction collaterally based largely on exclusionary DNA results. Given backlogs in DNA analysis, the conference focused on the setting of priorities for DNA analysis and ways to reduce the backlog. The paper suggests how prosecutors can be proactive in helping labs eliminate backlogs and remain current in casework. Appended sample policies and protocol, 19 resources, and a glossary