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Reviews in Review
By Ellen S. Podgor
Reviews in Review columns.
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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