Document Type
Essay
Publication Title
Washington University Law Review Slip Opinions
Publication Date
4-2-2008
Abstract
DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a new trial is warranted.
Recommended Citation
Melanie D. Wilson, A Return to the Grand Jury to Promote a Zen Zeal in Prosecutors, Wash. U. L. Rev. Slip Opinions, Apr. 2, 2008.