LEGISLATION

Preserved evidence can help solve closed cases - and exonerate the innocent. Preserving biological evidence from crime scenes is critically important because DNA can provide the best evidence of innocence - or guilt - upon review of a case. Currently, Mississippi is one of 28 states that has no law mandating the preservation of post-conviction evidence. Evidence is often discarded or somehow adulterated after a conviction, impeding the efforts of scientific advancement in proving actual innocence. Efforts are being made by MIP to introduce legislation that will effectively preserve evidence in all post-conviction cases. Moreover, in 2004, Congress passed the Justice for All Act (H.R. 5107), which provides financial incentives for states to preserve evidence - and withholds those same monies for states that do not adequately preserve evidence.

Despite the acclaim that DNA testing receives nationwide, many prisoners are denied the ability to secure testing on any preserved evidence, even when it might display proof of actual innocence or irrefutable guilt and an inmate pays for the costs incurred for testing. Routinely, motions for such testing are simply denied. No law exists in Mississippi that protects a person's right to order DNA tests on evidence that might ultimately free them from wrongful imprisonment. In fact, Mississippi is one of only 8 states that fail to provide prisoners with this critical right. MIP's legislative team is seeking to rectify this injustice.

Little compares to the plight of the wrongfully convicted. Notwithstanding the vast emotional loss, the opportunities available to build skills necessary for a productive life, too, are lost. Often, they are released with nothing more than their personal effects from many years spent in prison. Many exonerees have no money, housing, transportation, or health insurance; limited education and job skills; and a lingering prison record despite innocence. Mississippi is one of 28 states with no compensation law to assist exonerees in rebuilding their lives after suffering wrongful imprisonment. The only means of recompense is an often-lengthy civil suit against the state. MIP seeks to introduce legislation that will grant compensation to the wrongly convicted. Until then, however, MIP relies on its Post-Release Program to benefit the recent exoneree. Please see here to explore the many opportunities to assist MIP in this crucial effort.
 

Client Representation
Post-Release Program
Innocence Clinic