for cases where physical evidence (DNA) remains to test, rather than waiting for convicts who claim to be innocent to seek testing."
me: That's why Gov. Warner's action is pioneering, morally right, and significant. Of course, it is easier to make this decision when the state's coffers are flush. But there are other states in good shape right now too and they haven't done it yet. More quotes (this is a WaPo editorial, not an article. There's another good point in the last sentence, too.):
http://tinyurl.com/dhdltVIRGINIA GOV. Mark R. Warner (D) is tackling forthrightly the appalling new facts emerging about his state's criminal justice system. On Wednesday he announced the results of a preliminary study of convictions that predated modern DNA testing but in which biological samples had been retained. Mr. Warner had ordered the study after samples retained by a now-deceased scientist in the state crime lab exonerated three other men. In response, state officials sifted through thousands more cases and identified 31 where further testing was possible. Among these, they found two additional men who had served long prison sentences for sexual assaults they did not commit.
Think for a moment how terrifying this is. It represents, at least in this small, initial batch of tested cases, a 6 percent rate of wrongful conviction -- 6 percent of people about whom prosecutors and police were certain and a jury had no reasonable doubt. If that proves anything close to representative, then wrongful convictions in major felony cases may be far more routine than believed. These 31 cases were not, after all, selected because anyone was particularly suspicious of the convictions.
In response, Mr. Warner ordered an examination of all the back case files, a much larger number, rightly calling such a daunting study "the only morally acceptable course." (snip) The full study is critical not just because identifying any innocents is a moral imperative. It will also provide the best window yet on how frequently America's justice system fails and under what circumstances and provide a road map for future reform.