Pre- and Post- Conviction DNA Collection Laws in the United States: An Analysis of Proposed Model Statutes

Authors

Xiaochen Hu, Sam Houston State University
Mai E. Naito, University of West Georgia
Rolando V. del Carmen, Sam Houston State University

Keywords

DNA Collection Laws

Document Type

Article

Abstract

DNA is one of the most powerful molecular tools being widely used in criminal investigations today. Pre- and post-conviction DNA collection laws govern when DNA must be collected, where it is stored, and who has access to the information. Currently, all fifty states have post-conviction DNA collection laws, but only thirty states have enacted pre-conviction DNA collection laws. Details of the procedures and requirements in state statutes vary by state. This study analyzes the current statutes to identify strengths and weaknesses and propose a model statute to standardize DNA collection laws nationwide. By using Herbert Packer’s two models for criminal justice processes as a theoretical framework, the proposed pre-conviction and post-conviction DNA laws offer a foundation for states that may consider revising or adopting DNA collection laws.

Digital Object Identifier (DOI)

https://doi.org/10.21428/b6e95092.0d1abe6f

Recommended Citation

Hu, Xiaochen; Naito, Mai E.; and del Carmen, Rolando V. (2017) "Pre- and Post- Conviction DNA Collection Laws in the United States: An Analysis of Proposed Model Statutes," Journal of Criminal Justice and Law: Vol. 1: Iss. 1, Article 2.
DOI: https://doi.org/10.21428/b6e95092.0d1abe6f
Available at: https://research.library.kutztown.edu/jcjl/vol1/iss1/2