An Appropriate Balance? - A Survey and Critique of State and Federal DNA Indictment and Tolling Statutes

Abstract

Akehurst-Moore discusses state and federal statutory responses to the recent availability of DNA evidence in criminal prosecutions. He identifies four emerging state models allowing DNA evidence in criminal investigations and analyzes how each extends the statute of limitations for actions brought against a defendant identified by use of a DNA profile. Akehurst-Moore then discusses the criticism surrounding the laws including constitutional requirements of reasonable certainty and the potential deleterious effect on evidence. Finally, he considers various state statutes that may present viable solutions.