Understanding Post-Conviction DNA Testing

DNA evidence has helped exonerate individuals who were wrongfully convicted, shedding light on flaws in the legal system. 

While the use of DNA testing in criminal investigations is widely accepted, its importance doesn’t end once a conviction is handed down. Many individuals serving prison sentences have been able to prove their innocence through post-conviction DNA testing, offering them a second chance at justice.

When DNA evidence has the potential to correct these injustices, it’s crucial that individuals have a legal avenue to request testing. Scientific advancements have made DNA testing more accurate than ever, and courts must recognize the importance of allowing access to this evidence.

However, justice should never be sacrificed for the sake of finality. When new evidence emerges that could change the outcome of a case, it’s essential that individuals have the opportunity to present it. At Hug and Jacobs LLC in Omaha, Nebraska, we’ve seen how post-conviction DNA testing has changed the process of criminal defense in Nebraska.

Nebraska’s Legal Guidelines for Post-Conviction DNA Testing

Under Nebraska law, individuals who have been convicted of a crime can petition for DNA testing if the evidence in question wasn’t previously tested or if new methods of testing could produce more accurate results. 

The legal basis for post-conviction DNA testing is outlined in the Nebraska Revised Statutes, which provide a guideline for how and when such testing can be pursued.

To qualify for post-conviction DNA testing, the applicant must meet several criteria. The evidence must be relevant to the case, and the results must have the potential to prove actual innocence. 

Additionally, the evidence must still exist and be in a condition that allows for reliable testing. If the court finds that the request meets these legal standards, the testing can proceed.

How DNA Testing Impacts Criminal Defense Cases

DNA testing has played a significant role in criminal defense cases across the country, and Nebraska is no exception. Over the years, advances in forensic science have improved the accuracy of DNA testing, making it a powerful tool for individuals seeking to challenge wrongful convictions.

One of the most important aspects of DNA testing in criminal defense is its ability to either confirm or disprove key elements of a prosecution’s case. In some instances, DNA evidence has contradicted eyewitness testimony, which has been shown to be unreliable in many cases. 

In others, DNA has excluded individuals who were wrongly accused based on circumstantial evidence.

The impact of post-conviction DNA testing extends beyond the individuals who seek exoneration. It also affects public trust in the justice system. When a wrongful conviction is overturned through DNA testing, it highlights the need for stronger safeguards to prevent such errors in the future.

For those convicted of serious crimes, the consequences extend beyond imprisonment. A wrongful conviction can take away years of a person’s life, destroy families, and severely impact future opportunities. 

Challenges in Seeking Post-Conviction DNA Testing

Despite the potential benefits, securing post-conviction DNA testing isn’t always straightforward. This process isn’t automatic, and legal hurdles often stand in the way. Courts may be hesitant to reopen cases, and prosecutors may resist new testing if they believe the original conviction was sound. However, for those who have been wrongfully convicted, DNA testing can provide the key to freedom.

Legal and procedural barriers often make it difficult for individuals to gain access to testing. Some of the most common obstacles include:

• Preservation of evidence: In many cases, physical evidence from older cases has been lost or destroyed. Without access to the original evidence, DNA testing isn’t possible.

• Prosecutorial opposition: Prosecutors may argue that DNA testing is unnecessary if they believe other evidence in the case was sufficient to justify the conviction.

• Strict legal requirements: Courts often impose strict requirements on when DNA testing can be granted, making it difficult for individuals to meet the burden of proof required to obtain testing.

These challenges make it crucial for individuals seeking post-conviction DNA testing to work with attorneys like ours who understand Nebraska’s criminal defense laws. Legal arguments must be carefully crafted to demonstrate why DNA testing is justified and how it could impact the outcome of the case.

How DNA Testing Has Led to Exonerations

In Nebraska and across the country, post-conviction DNA testing has led to the exoneration of individuals who were wrongfully convicted. 

The Innocence Project and other organizations dedicated to criminal defense have helped secure freedom for individuals who spent years, sometimes decades, behind bars for crimes they didn’t commit.

One of the most well-known exoneration cases in Nebraska involved the so-called "Beatrice Six." Six individuals were convicted of a 1985 murder based on false confessions and unreliable evidence. 

Years later, DNA testing proved that none of them were responsible for the crime. This case highlighted the devastating consequences of wrongful convictions and the power of DNA evidence in correcting past mistakes.

The Beatrice Six case also underscored the importance of access to post-conviction DNA testing. Without the ability to test the DNA evidence, those six individuals might have remained behind bars for a crime they didn’t commit. 

Their case serves as a reminder that wrongful convictions can and do happen, and that DNA testing is a critical safeguard in criminal defense.

Why Courts May Deny DNA Testing Requests

Even when DNA testing has the potential to change the outcome of a case, courts don’t always grant requests for post-conviction testing. Several factors influence whether a request is approved or denied, including:

• Strength of the original evidence: If the court believes the original evidence was strong enough to support the conviction, it may rule that DNA testing is unnecessary.

• Timeliness of the request: Some courts impose strict deadlines on when post-conviction DNA testing requests can be filed. If an individual waits too long, their request may be denied.

• Potential impact of DNA results: Courts may also consider whether DNA testing would make a meaningful difference in the case. If the test results wouldn’t completely overturn the conviction, the request may be rejected.

Given these legal hurdles, individuals seeking post-conviction DNA testing must present compelling arguments to demonstrate why testing is necessary. 

The Future of Post-Conviction DNA Testing in Nebraska

As DNA technology continues to advance, the legal system must adapt to incorporate these scientific developments into criminal defense cases. New methods, such as rapid DNA testing and improved forensic analysis, could make it easier to identify wrongful convictions and prevent future miscarriages of justice.

Additionally, legislative efforts to expand access to post-conviction DNA testing could improve outcomes for individuals seeking to challenge their convictions. Laws that require the preservation of DNA evidence, provide funding for testing, and reduce legal barriers to access could help more individuals prove their innocence.

The criminal defense process is constantly evolving, and DNA evidence will continue to play a significant role in protecting the rights of the accused. By advocating for stronger legal protections and greater access to DNA testing, attorneys can help prevent wrongful convictions and uphold the integrity of Nebraska’s justice system.

The Next Steps

At Hug and Jacobs LLC, we believe that every person deserves the opportunity to present new evidence if it could prove their innocence. We’re proud to serve Omaha, Nebraska, and the surrounding areas of Fremont, Lincoln, Papillion, and Wahoo. Call today to speak with an experienced criminal defense attorney.