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Law & Health Weekly

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DNA Research



New DNA research findings from American University published



July 4th, 2009

According to a study from the United States, "Many state innocence protection statutes give courts the power to impose appropriate sanctions when biological evidence needed for postconviction DNA testing is wrongly destroyed by the government. Constitutional claims based on wrongful evidence destruction are governed by the virtually insurmountable ''bad faith'' standard articulated in Arizona v. Youngblood."

"The wrongful destruction of DNA evidence in contravention of state innocence protection laws, however, should be governed by the standards used to adjudicate other ''access to evidence'' violations in criminal cases, including disclosures mandated by the rules of...


Source: Law & Health Weekly (2009-07-04)

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