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NATION'S PROSECUTORS REAFFIRM SUPPORT OF DNA TESTING AT ALL STAGES OF A CRIMINAL CASE
ALEXANDRIA, VA -- March 23, 2001 -- Recently, the Board of Directors of the National District Attorneys Association (NDAA) reaffirmed its stance for a truth-based justice system by passing a resolution that supports DNA testing at any point in a criminal case when it will conclusively prove the guilt or innocence of a suspect. This stance has been the standard for prosecutors across the United States. Their sole allegiance is to the community they serve, and to consistently seek truth and justice at all stages of a criminal case -- including pre and post-trial use.
Prosecutors have batted for years over the steadfast objections of defense lawyers to bring this valuable tool into the courtroom. Now, more than a decade later, DNA is an established tool used by both the prosecution and defense that often is the crucial piece of evidence in criminal cases. "DNA evidence has clearly improved the accuracy and credibility of the criminal justice system," said Robert M.A. Johnson, President of NDAA. "We look forward to a time when all attorneys join prosecutors in embracing its use before, during and after trial, when it can conclusively prove guilt or innocence, and to ensure a truth-based justice system." Prosecutors believe that the single most effective way to ensure only guilty defendants are convicted is to provide widespread pre-conviction DNA testing.
Additionally, even though these cases are very rare, several jurisdictions have initiated efforts to use DNA testing to exonerate convicted criminals. This year brought the beginning of a new California law on the use of DNA testing. While DNA testing has previously been utilized as a successful tool to convict offenders, recent movements to allow post-conviction DNA testing for those hoping to prove their innocence have paved the way for such legislation. The California law allows convicted felons to request DNA testing if such testing was not available during their trials.
In fact, San Diego District Attorney and NDAA member Paul Pfingst, in the summer of 2000, began a program to review the cases of about 600 inmates sentenced before 1992 to determine if DNA testing would have affected the outcome of their trials. "This effort which began well in advance of the state's implementation of its new law indicates the dedication and devotion prosecutors have in their quest for truth and justice," said Johnson.
Other states including: Arizona, Delaware, Tennessee and Washington passed similar legislation last year. More states are expected to take up this issue in future legislative sessions. The NDAA supports such efforts when the tests can prove actual guilt or innocence.
With over 7,000 members, the NDAA is the nation's largest, most influential and primary organization of prosecuting attorneys.
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