The advent of DNA testing technology almost two decades ago transformed how courts review claims of innocence. Our system discarded rules of finality that traditionally barred most post-conviction claims of innocence. In recent years, almost every state has enacted post-conviction DNA statutes, which I survey here. Yet our criminal system remains at a crossroads, and meritorious claims of innocence continue to face great obstacles. State statutes typically exclude entire categories of convicts who might convincingly prove their innocence, and state courts often deny access to DNA testing. Claims of innocence premised on non-DNA evidence face still higher hurdles. Meanwhile, the Supreme Court has yet to adopt a constitutional innocence claim, though advances in technology have upended the Court’s reasons for failing to do so in Herrera v. Collins. Further, wrongful convictions will continue to place pressure on our criminal justice system. Using longitudinal analysis of post-conviction DNA exonerations, I show that more than a quarter of the exonerations occurred in cases in which DNA testing was available at trial, with causes including technological advances, as well as fraud and error relating to the DNA testing itself. Our criminal justice system still lacks sufficient procedures to ensure full access to evidence of innocence at the time of trial, and also fails to properly assess claims of innocence brought during appeals. Absent those front- and back-end protections, exonerations may persist for decades to come.
News & Events
-
Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
-
Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
-
Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
-
Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
-
Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
Recent Issues
- Volume 97 – No. 5
- Volume 97 – No. 4
- Volume 97 – No. 3
- Volume 97 – No. 2
- Volume 97 – No. 1
- Volume 96 – No. 6
- Volume 96 – No. 5
- Volume 96 – No. 4
- Volume 96 – No. 3
- Volume 96 – No. 2
- Volume 96 – No. 1
- Volume 95 – No. 6
- Volume 95 – No. 5
- Volume 95 – No. 4
- Volume 95 – No. 3
- Volume 95 – No. 2
- Volume 95 – No. 1
- Volume 94 – No. 6
- Volume 94 – No. 5
- Volume 94 – No. 4
- Volume 94 – No. 3
- Volume 94 – No. 2
- Volume 94 – No. 1
- Volume 93 – No. 6
- Volume 93 – No. 5
- Volume 93 – No. 4
- Volume 93 – No. 3
- Volume 93 – No. 2
- Volume 93 – No. 1
- Volume 92 – No. 6
- Volume 92 – No. 5
- Volume 92 – No. 4
- Volume 92 – No. 3
- Volume 92 – No. 2
- Volume 92 – No. 1
- Volume 91 – No. 6
- Volume 91 – No. 5
- Volume 91 – No. 4
- Volume 91 – No. 3
- Volume 91 – No. 2
- Volume 91 – No. 1
- Volume 90 – No. 6
- Volume 90 – No. 5
- Volume 90 – No. 4
- Volume 90 – No. 3
- Volume 90 – No. 2
- Volume 90 – No. 1