Lessons from DNA for non-DNA Proof (D. Michael Risinger, Seton Hall Law School)

The exoneration by DNA analysis of a striking number of persons convicted of serious crimes, primarily rapes and murders, has brought the problem of factually wrongful convictions to the forefront of the American consciousness. In addition, the most recent data establish that these exonerations are not merely isolated instances. A recent analysis proves virtually beyond cavil that the factual wrongful conviction rate for capital rape/murders in the 1980's was at least 3.3%, and there is little reason to believe that this wrongful conviction rate does not hold for capital crimes in general, and for the related universe of brutal stranger murders and stranger rapes, capital or not.

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