Delaware

Eyewitness Identification Reform

In 2018, the Delaware Police Chiefs’ Council and the Delaware Attorney General's Office released a model policy for eyewitness identification procedures. The model policy includes: blind administration, proper use of fillers, proper instructions to the witness, and witness confidence statements. The policy also includes procedure for show up identifications. Adopted: 2018.

Read the model policy

Recording of Interrogations

In 2018, the Delaware Police Chiefs’ Council and the Delaware Attorney General's Office released a model policy directing Delaware law enforcement agencies to electronically record all custodial interrogations in their entirety. Adopted: 2018.

Read the model policy

Post Conviction DNA Testing

Defendants convicted of crimes in Delaware may apply for DNA testing using newly developed technologies (including Y-STR and mitochondrial). Effective: 2000.

Read the statute

Evidence Preservation

Delaware has no state law requiring preservation of evidence.

Exoneree Compensation

Delaware has no exoneree compensation law.