Appendix E: Postconviction DNA Testing, Preservation of Evidence and Compensation for Wrongful Convictions: Relevant Legislative Information

Despite its small contribution to the ranks of the exonerated, and more broadly its relatively small share of all criminal cases, the federal government has played a distinct and important role in fostering and shaping the innocence movement. This article recounts the various ways in which the federal government has done so: through high-profile measures to recognize the reality of wrongful convictions, direct funding of innocence work, use of federal purse strings to shape criminal justice policy, setting an example through legislation on matters as diverse as access to postconviction DNA testing and compensating the wrongly convicted, and leadership on issues such as the problems with the forensic sciences. The article concludes that, moving forward, the committed involvement of the federal government will remain important, especially in tackling such challenging problems as flawed forensic sciences and ensuring financial resources for innocence advocates.

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The Politics of Wrongful Conviction Legislation

State Politics & Policy Quarterly ◽

10.1017/spq.2020.4 ◽

2021 ◽

pp. 1-20

Author(s):

William D. Hicks ◽

Kevin J. Mullinix ◽

Robert J. Norris

Keyword(s):

Public Opinion ◽

Eyewitness Identification ◽

Critical Role ◽

Salient Feature ◽

The United States ◽

Wrongful Conviction ◽

Dna Testing ◽

Advocacy Organizations ◽

Wrongful Convictions ◽

Identification Practices

Abstract Wrongful convictions are an increasing salient feature of criminal justice discourse in the United States. Many states have adopted reforms to mitigate the likelihood of wrongful convictions, discover errors, and provide redress in the wake of exonerations, yet we know little about why some are seemingly more committed to reducing such errors than others. We argue that public opinion is consequential for policy reform, but its effects are contingent on the electoral vulnerability of state lawmakers. We also suggest that advocacy organizations play a critical role in policy adoption. Incorporating data from all 50 states from 1989 to 2018, we investigate the adoption of five types of wrongful conviction reforms: (1) changes to eyewitness identification practices, (2) mandatory recording of interrogations, (3) the preservation of biological evidence, (4) access to postconviction DNA testing, and (5) exoneree compensation. Our results highlight a more nuanced view of how public opinion shapes policy.

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