Re-Examining Custody and Incarceration Requirements in Postconviction DNA Testing Statutes

Authors

Ian J. Postman, Benjamin N. Cardozo School of Law

Abstract

Part I describes the history of custody and incarceration requirements in PC DNA testing statutes, as well as the interaction between those requirements and state sex offender registration acts. Part II analyzes a number of custody and incarceration requirements across various states. Part III proposes the elimination of custody requirements from PC DNA testing statutes and rebuts concerns about removing these requirements. Ultimately, this Note argues that custody and incarceration requirements specifically harm those who have been wrongly convicted of sex offenses, and the requirements' fundamental incongruity with the goals of PC DNA testing support their complete elimination from PC DNA testing regimes.

Disciplines

Criminal Law | Criminal Procedure | Evidence | Law

Recommended Citation

Ian J. Postman, Re-Examining Custody and Incarceration Requirements in Postconviction DNA Testing Statutes, 40 Cardozo L. Rev. 1723 (2019).
Available at: https://larc.cardozo.yu.edu/clr/vol40/iss4/5