DNA Evidence Policy Considerations for the Prosecutor
American Prosecutors Research Institute
Introduction
DNA evidence catapulted criminal justice into a new era. Never before have prosecutors had a more powerful tool at their disposal for determining the identity of persons who commit crime.There are few techniques in the history of forensic science that have been more thoroughly scrutinized and validated than forensic DNA testing.
Developing specific policies for utilizing DNA evidence can help prosecutors and law enforcement officials establish priorities and avoid pitfalls. When policies are developed proactively, they enable localities to respond appropriately to the challenges presented by DNA evidence. Implementation of policies reduces the likelihood of wasted resources, unnecessary litigation and, most importantly, erosion of public confidence. At the same time, implementation of policies enhances the overall fairness of the adjudicatory process.
In November 2003, the American Prosecutors Research Institute (APRI) brought together over 200 prosecutors, law enforcement officers, DNA analysts, Sexual Assault Nurse Examiners (SANE) and other criminal justice community members for a two-and-a-half-day conference. Conference participants discussed and evaluated different approaches regarding DNA evidence and the maximization of both resources and probative value. Attendees identified recurrent issues and potential policy responses.
This monograph summarizes key points that were made at the conference, offers options for developing policy and identifies critical issues to consider. It brings together several promising policy ideas that jurisdictions may implement or modify to fit their unique needs and capabilities.
All of the policies developed at the APRI conference share two common denominators: First, they are sensitive to the specific needs of different jurisdictions, with their differing populations, caseloads and resources. A small jurisdiction with one central state laboratory will have different needs than a large jurisdiction with a large backlog of cold cases and a network of state-supported laboratories.
Second, they involve the participation of law enforcement agencies, SANE examiners, prosecutors’ offices, and labs.Without their participation and cooperation, success of these policies is unlikely. However, the cooperative development of appropriate policies with regard to the identification, collection, development, discovery and use of DNA evidence will allow for the elimination of backlog, expeditious case management and successful prosecutions—in short, achieving the full potential that DNA evidence has to offer.
Specifically, it is essential to develop policies that set up a triage system with regard to the appropriateness of the use of DNA evidence in (1) new cases, (2) suspect-less cases and (3) collaterally-attacked closed cases. It is equally important to develop policies that address the way that relevant agencies will respond to defense discovery requests. Each of these issues is discussed below. (Sample policies are accessible on-line at www.ndaa-apri.org; see Appendix A.