WHEREAS, recent investigations have concluded that a number of criminal defendants were convicted, in part, based on flawed forensic analysis,
WHEREAS, at times, the agency discovering the use of flawed scientific evidence failed to appropriately disclose the use of the flawed evidence,
WHEREAS, in any situation in which flawed scientific evidence is discovered, the flaw must be promptly disclosed to the defendant and the defense attorney and the firm or entity who represented the defendant,
WHEREAS, there are several models for the comprehensive review and disclosure of potentially flawed forensic evidence, including the ongoing review of cases involving composite bullet lead analysis testimony,
NACDL calls upon the federal government to conduct a comprehensive review of cases in which potentially flawed forensic evidence was utilized, including but not limited to those in which microscopic or visual hair comparison evidence was admitted, and to make immediate and full disclosure of the use of such evidence to the prosecution, defendant, and defense counsel in each case,
And further, in cases in which flawed evidence was utilized, NACDL calls upon the prosecuting authority in each case to conduct DNA analysis, where feasible, and report the results of that testing to the defendant and defense counsel, and
To this end, NACDL and its members resolve to assist this process and to ensure adequate representation wherever necessary.