Factually Innocent Without DNA? An Analysis of Utah\u27s Factual Innocence Statute

Since 1989, DNA evidence has fueled the innocence movement, helping hundreds prove their innocence and obtain freedom. DNA technology has been an invaluable development for the innocence movement, and DNA technology will continue to advance and improve in the future. DNA evidence is not available in the majority of cases, however, and many believe that DNA exonerations will eventually diminish as DNA analysis becomes more widely available. Furthermore, “for every DNA exoneree there are hundreds if not over a thousand wrongfully convicted defendants whose cases do not contain biological evidence that could prove innocence.”150 It is time for other states to follow Utah’s lead and adopt a postconviction non-DNA statute to provide a better avenue for innocent individuals who do not have DNA evidence. It is time to give them a chance to tell their stories of innocence