Home > Terms > English, UK (UE) > Actual innocence claim

Actual innocence claim

Is equivalent to an assertion of at least a 51-percent chance that the defendant would not have been convicted if exculpatory test results had been obtained at the time of trial. In a case involving DNA evidence, a successful Actual Innocence claim entitles the defendant to DNA testing. The testing is funded by the state, not by the defendant.

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