Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Preserving DNA

Critics have recently attacked Massachusetts DNA preservation laws, alleging that the state both fails to preserve key DNA evidence and provides no rights for accused individuals to submit their DNA in an effort to prove their innocence. The issue has most recently been in the spotlight in light of police collection –and subsequent refusal to return or destroy- of a number of DNA samples in connection with a 2002 Cape Cod murder. The ACLU recently filed a lawsuit regarding this DNA collection, alleging that such a database is overly intrusive.



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