Articles
The advent of DNA evidence ushered in a new era of criminal justice. With its unique ability to match a piece of biological matter to an individual source, DNA provided prosecutors with evidence of unparalleled weight in proving guilt. But DNA evidence also emerged as an unparalleled tool in asserting the innocence of a previously convicted defendant.
The exonerations of the past thirty years—particularly those based on DNA evidence—exposed traditional forensic evidence, previously thought of as infallible, as flawed and prone to causing wrongful convictions. Specifically, the Innocence Project has identified 111 instances of faulty forensic evidence contributing to a wrongful conviction. The National Registry of Wrongful Convictions identifies 735 cases as of August 5, 2022.
This commentary addresses a proposed bill in California designed to target faulty forensic evidence. First, it provides an overview of (1) documented issues with the validity of common types of forensic evidence, (2) efforts by other states to tighten the admissibility of forensic evidence or provide more liberal grounds for post-conviction relief, and (3) the questionable analysis courts have conducted in response to challenges of the admissibility of forensic evidence. This commentary concludes that state legislators must take the lead in reforming the standards for the admission and use of forensic evidence in criminal proceedings because the courts have abdicated their gatekeeping responsibility.
Prisoner litigation is often chaotic. The Supreme Court could have quelled the disorder, but instead fueled the fire by constructing additional blockades between state prisoners and the federal courts. Now, a state prisoner challenging the constitutionality of their conviction or confinement is unable to proceed with a § 1983 claim for monetary damages if a verdict in their favor would suggest the invalidity of the underlying conviction or sentence. In that event, unless the underlying conviction or sentence is invalidated or reversed on appeal, district courts must dismiss the suit. This judicial creation—the Heck doctrine—is a preclusion rule that runs directly counter to Congress’ intent in enacting § 1983.
§ 1983 exists to ensure that victims of constitutional violations committed by the state are able to obtain federal redress; the Heck doctrine does the opposite. Instead, it severely restricts state prisoners’ access to the federal courts and causes tremendous confusion for lower courts around the nation. As these problems persist nearly three decades later, it is time for the Supreme Court to overrule Heck and preserve the true meaning of § 1983.
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