NACDL

Protecting Innocence

Cynthia E. Jones, Symposium: Wrongful Convictions and Systemic Reform, Evidence Destroyed, Innocence Lost: The Preservation of Biological Evidence Under Innocence Protection Statutes, 42 American Criminal Law Review 1239 (2005):

In some states, Arizona v. Youngblood serves as a stumbling block for protecting innocence, as the court puts the burden on the accused to show “bad faith on the part of the police” when evidence is destroyed. Professor Cynthia Jones presents an extraordinary article that provides sound analysis for correcting flawed innocence statutes and also can assist one in overcoming the out-dated standard used in the Youngblood decision.

After providing an overview of existing innocence protection statutes, Professor Jones offers sound reasons for modifying laws to protect DNA evidence. She responds to two arguments sometimes made for not preserving evidence: 1) “the fiscal and administrative burden,” and 2) “finality of judgments.” Noting the enormo