To stop the rush of innocent prisoners from
being released after DNA evidence shows that
they didn't commit the crime, Michigan lawmakers
want a 5 year cap to appeals. It also would force
them to use a more rigid proof than what was used
to convict them in the first place.

Can't have those innocent prisoners getting out
after the State spent so much money getting them
in there in the first place :-§

• DNA appeals must be filed within five years of
  the day the law takes effect.
• The defendant must have claimed innocence all
  along; those who pleaded guilty couldn't seek a new
  trial.
• Identity must have been an issue; a defendant
  who said he had consensual sex with a rape victim
  couldn't now try to use DNA to prove someone else
  committed the crime.
• DNA evidence must be relevant; proof that a DNA
  sample was from an accomplice in a murder doesn't
  prove the defendant wasn't there.
• The defendant must show the DNA test was
  conducted properly; a sample must be uncontaminated
  to prove the DNA isn't from the defendant.

The Detroit News

-- spider (spider0@usa.net), December 05, 2000