The Champion

May 2003 , Page 29 

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Reviews in Review

By Ellen S. Podgor

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DNA Evidence — postconviction

Seth F. Kreimer & David Rudovsky
Double Helix, Double Bind: Factual Innocence and Postconviction DNA Testing
151 University of Pennsylvania Law Review 547 (2002)

The importance of DNA testing is not limited to pre-trial and investigative procedures. Because of its unavailability to many in the past, it can be crucial in pursuing postconviction remedies. Professors Seth Kreimer and David Rudovsky explore the issue of obtaining this evidence to assist in postconviction matters. They provide a summary of the prosecutorial policies in the United States noting that “[p]rosecutors have sought to narrowly constrain the availability of postconviction DNA testing, citing financial concerns, the need for finality in the criminal justice system, the need to protect the system of plea bargaining, and the specter of a wave of frivolous requests.”

Noting the exclusive access that prosecutors have to this evidence, the authors of this article pro

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