With the advancements in analysis of DNA and other evidence in recent decades, it might seem impossible that courts would allow the use of “junk” science – or at least less-than-reliable science to be presented. Unfortunately, that hasn’t always been the case.
People have been wrongfully convicted of capital offenses and, in some cases, have been executed based on flawed forensic science. Witnesses presented as experts have testified with confidence about evidence since determined not to be as definitive as once believed.
According to a study by The Innocence Project, nearly 30% of exonerations involved flawed forensic techniques and overstatements by experts of what the evidence showed. That percentage is 40% here in Oregon.
Unfortunately, Oregon’s post-conviction relief (PCR) law has imposed a statute of limitations of just two years to file for relief if someone believes they’ve been wrongfully convicted. That changed this year when Gov. Tina Kotek signed legislation to amend the law.
What kind of discredited science does the law address?
That two-year statute of limitations no longer applies if the basis for seeking PCR is that certain types of discredited forensic science were used to convict someone. Specifically, it doesn’t apply “if the conviction was based in whole or in part on scientific expert testimony, scientific expert evidence or scientific expert opinion derived from the application of one or more of the following discredited forensic science disciplines:
- (a) Hair microscopy;
- (b) Bite mark analysis or bite mark comparison or
- (c) Comparative bullet lead analysis.”
The law doesn’t change the statute of limitations for PCR based on other reasons. However, because it can take years or even decades to discover that a particular forensic technique or process isn’t as reliable as believed, this change gives the state a better chance to correct an error – and those wrongly convicted a greater opportunity to receive justice.
If you or a loved one can benefit from this change in the law, it’s important to get experienced legal guidance as soon as possible.