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随着错案披露数量的增加,DNA检测的作用得到进一步证实。美国各州意识到必须进行定罪后DNA检测立法。司法部采取了相关的调研,随后,立法活动在各州全面展开,2004年《无辜者保护法案》的制定标志着立法进入成熟阶段。在此过程中,涉及对检测动议申请权的宪法属性探讨,律师帮助权以及法官看守职责的分析。迄今为止,立法DNA检测取得较好的效果。研究这一立法历程及其理论争议,既可以了解近十年的法律变革,也有利于我国法治建设的完善。
The role of DNA testing was further confirmed as the number of misdated disclosures increased. The states in the United States are aware of the need for DNA testing legislation after conviction. The Ministry of Justice took relevant research. Subsequently, the legislative activities were carried out in all states. The enactment of the 2004 Innocent Protection Bill signaled that the legislation was entering a mature stage. In the process, it involves the discussion of the constitutional nature of the motions for the examination of motions, the help of lawyers and the analysis of the guardianship of judges. So far, the legislative DNA testing achieved good results. Studying this legislative process and its theoretical controversies can both understand the legal changes in the past decade and also help improve the legal construction in our country.