Terms Used In 18 USC 3600A
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Statute: A law passed by a legislature.
(1) a sexual assault forensic examination kit; or
(2) semen, blood, saliva, hair, skin tissue, or other identified biological material.
(1) after a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction, the defendant is notified that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice;
(2)(A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and
(B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing; or
(3) the biological evidence has already been subjected to DNA testing under section 3600 and the results included the defendant as the source of such evidence.