The exceptional accuracy of DNA, and the exonerations it has produced, have led to a reconsideration of cherished, but empirically untested, notions of the reliability of the criminal justice system. They have also, albeit incompletely, provoked a renewed commitment—reflected in new ethical rules, compensation schemes, and the testing statutes themselves—to protecting the innocent. But there is a danger that, as has happened with other advances in the protections afforded to the accused, the scope of DNA testing rights and the spirit embodied in them will erode as DNA testing loses its novelty. There is evidence that this has already begun. DNA waivers—through which a defendant gives up the right to the testing, and possibly preservation, of DNA evidence—have been widely sought by the Federal Government. The history of similar innovations in plea bargaining suggests that these waivers may spread to the states. The Article identifies this practice for the first time in the legal literature and explores their validity, their consequences, and the justifications behind their use. It argues that although courts are likely to enforce these waivers in most circumstances, they are deeply problematic, not least because of their damaging effect on the public’s confidence in the criminal justice system.
News & Events
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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, [...]
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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.
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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.
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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.
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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.
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