Jessica Auletta is the co-executive director for Innocence Project Delaware.
Since 1989, there have been 3,659 exonerations in the U.S., a staggering reminder that countless individuals have unjustly spent time behind bars for crimes they did not commit. In that same amount of time, there have only been four exonerations in Delaware, making it a state with one of the lowest numbers of wrongful convictions per capita nationwide. The lack of exonerations is not due to a flawless criminal justice system in the First State. It’s our outdated laws that are preventing people from proving their innocence.
In Delaware, a law passed in 2000 allows people convicted of crimes to request DNA testing that could prove their innocence — but only within three years after the conviction. This hard-and-fast deadline means that wrongfully convicted Delawareans are denied the opportunity to prove their innocence even if new evidence is later discovered or evidence in their cases was never tested. The current system provides little recourse for Delawareans with valid claims of innocence whose cases fall outside these narrow categories. Mistakes happen. But it’s time that Delaware keeps up with the rest of the nation in freeing the innocent when these mistakes occur.
To date, Innocence Project Delaware has reviewed nearly 200 applications for assistance, each one representing a life potentially stolen by wrongful conviction. In these cases, we’ve uncovered recurring failures that remain uncorrected because of outdated laws and procedural barriers:
Our applicants range from 20-70 years old, and many of them may never see the light of justice because so much time has passed. The majority of these cases haven’t been reviewed since the 1980s and 1990s, largely due to Delaware’s lack of advocacy for this vulnerable population. Without legislative reform, these individuals, whose voices have gone unheard for decades, may never get the chance to prove their innocence.
For far too many wrongfully convicted individuals, justice came too late, but it came because of the power of postconviction DNA testing and advancements in forensic science. These cases don’t just demand we right past wrongs; they push us to seek the truth and create a future in which fewer innocent people suffer the same fate. Delaware is not immune to these shortcomings, and we must pursue justice for those who require it.
Sen. Kyra Hoffner, D-Dover, recently proposed legislation to reform Delaware’s postconviction DNA testing laws and address the issue of wrongful convictions in the state. Senate Bill 57 would modernize Delaware’s postconviction DNA statute to eliminate the time bar, ensuring that individuals who have been wrongfully incarcerated for many years, particularly those convicted before the widespread use of DNA testing, can now access testing. Currently, the First State is one of only seven states that have not updated their laws to reflect these changes. The bill also removes outdated technological restrictions and updates the standard of review, making justice more accessible. The passage of this bill prevents an overly complicated legal process from getting in the way of the wrongfully imprisoned proving their innocence.
False or misleading forensic science is the second most common contributing factor to wrongful convictions. Senate Bill 58 would provide a formal process for innocent individuals to challenge their convictions in court if the forensic evidence in their cases has been discredited or new forensic evidence emerges. Over time, DNA testing and breakthroughs in forensic science have exposed flaws in the scientific foundations that were once widely accepted and used to secure past convictions, such as bite mark analysis, hair comparisons, arson investigations and comparative bullet lead analysis. As science continues to advance, our laws must also evolve to reflect new scientific understanding and technological developments.
Delawareans should not be more at risk of serving time for a crime they didn’t commit simply because of where a crime occurred. Most innocent people in prison have exhausted their legal options because these outdated barriers are blocking them from accessing and testing evidence that could prove their innocence.
Wrongful convictions not only cost innocent people their freedom; it also compromises public safety and denies justice to victims and survivors. The reforms introduced this session will give wrongfully convicted Delawareans a fair chance to demonstrate their innocence, strengthen our systems and help ensure a more just and safer society for all Delawareans.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
