REPLY TO CLASSMATE’S RESPONSE

Find and review criminal procedure guidelines for Virginia Title 19.2 Criminal Procedure.  Provide your classmates with a provision that you believe supports the prosecutors and one that supports an accused person. Explain why you think these provisions support the given party.

PLEASE EXPLAIN WHETHER YOU AGREE WITH MY CLASSMATE RESPONSE TO THE ABOVE QUESTION AND WHY? (A MININUM OF 150)

                                                              CLASSMATE’S POST

My jurisdiction falls under the Virginia Title 19.2 Criminal Procedure.  The provision that I have decided to look at for the prosecutor and the accused person is under chapter 16 and 18, Evidence and Witnesses. In Article 1 Title 19.2-270.5 and Article 1.1 Title 19.2310.2-19.2-310.7, discusses the use of DNA. This is a great tool for the prosecutors in Virginia.  Every inmate that is currently serving time that has been convicted of a felony since July 1990 is required to give a DNA sample upon release. Under § 19.2-270.5, whenever someone is arrested for or attempted violent felony they are required to give a DNA sample. This sample is then considered to be a reliable source for proving or disproving an individual’s identity. Because of this a prosecutor does not have to rely on other outdated procedures to try and prove the identity of the person. This is a wonderful tool, especially if the individual had been convicted of a previous violent felony and then is arrested sometime in the future, their DNA will be on file in the DNA data bank.

I will use the same provision for the accused person. With this provision it allows the accused person to prove or disprove the identity of who they are. If the individual’s accused DNA does not match the individual they are looking for than this will help them with possibly having the case dismissed. If this person is not the guilty party, then they may be concerned that their DNA will remain with the courts after not being found guilty. However, that is not the case in Virginia. Under 19.2-310.7 any individual who has had their DNA taken and has had their felony conviction reversed or dismissed, will have all their records and samples that were used for the criminal case destroyed.

This law has allowed prosecutors to prosecute their cases with absolute sureness that they had convicted the correct person and not made a mistake sending an innocent person to prison.