Postconviction DNA
Testing
ictims and surviving family members
confront a number of issues
and events following the conviction
and sentencing of a defendant. The impact
of the crime does not end with the
incarceration of the offender. Convicted
defendants have the right to appeal their
sentences, the opportunity for parole, and
the ability to file subsequent requests for
additional DNA testing. All of these
postconviction events are upsetting to
victims and families and serve as painful
reminders of the suffering and loss associated
with the crime. It is extremely important
that crime victims and family
members are approached with great sensitivity.
This is especially critical when the
conviction was based primarily on eyewitness
identification by the victim. Victim
service providers must be aware that victims
and their families may need special
services to help them cope with postconviction
developments.
In the context of postconviction DNA testing, it is important to realize that if a convicted offender requests DNA testing of old or newly discovered evidence, this does not mean the request will be granted. Postconviction requests, in which DNA evidence is available for testing and the test results are likely to exonerate an offender, should be handled with great care because it may be necessary to obtain samples from victims and third parties for the testing process. Prosecutors and victim service providers should ensure that victim counseling resources are available through their offices or a community-based assistance program.
If testing results produce exculpatory evidence, particularly in mistaken eyewitness identification cases, victims may still believe the defendant is guilty. Victims may be upset and angry. For example, the credibility of sexual assault victims is usually attacked in trial, and a conviction is viewed as a significant validation of their credibility. To face having their credibility called into question again can cause tremendous distress. In addition, some victims may feel terribly guilty about their part in convicting an innocent person. Reassure the victim that she did the best she could at the time and that memory can be fallible. It may help to remind the victim that DNA technology, which may not have been available at the time of the original investigation, is an important tool in making sure the right person is convicted. Remind the victim or survivor that the criminal justice system is not perfect, and emphasize the importance of knowing the truth and identifying the right perpetrator to ensure justice and prevent future victimization of other individuals.Also, it may help to inform victims of the following:
- Even the Innocence Project, which uses DNA testing to exonerate persons who have been wrongfully convicted, concedes that in many cases in which postconviction requests are made for DNA testing, the results have confirmed the identity of the convicted person as the true perpetrator. This confirmation may have a significant impact on decisions regarding the perpetrator's probation or parole.
- The victim should be assured that everyone in the system, particularly prosecutors and judges, will make sure that ambiguous results that do not clearly exonerate the perpetrator will not weaken the conviction or result in a new trial.
- If postconviction testing of DNA evidence results in a valid exclusion, the victim can be reassured that growing DNA databases will increase the likelihood of identifying the true perpetrator. DNA databases also will make it easier to accurately identify and link perpetrators in future cases.
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| Understanding DNA Evidence: A Guide for Victim Service Providers |
April 2001
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