Q. How often do DNA tests prove innocence in your cases? Does testing ever prove guilt?
A. Among our cases that go to DNA testing, the DNA proves our clients innocent about as often as it suggests they are guilty. In a review of Innocence Project cases that went to DNA testing and were then closed over a five-year period, DNA testing proved innocence in about 43% of cases, confirmed the prosecution theory in about 42% of cases, and was inconclusive or not probative in about 15% of cases.
In more than 40% of all DNA exoneration cases, law enforcement authorities identify the actual perpetrator based on the same DNA test results that overturned the wrongful conviction.