In 2020, the Wisconsin Department of Justice's Division of Forensic Sciences reported the average time it took the state’s crime lab to process DNA evidence analysis was 94 days. Although this was a slight decrease from the prior year, it was still significantly longer than the 76 days it took in 2017. These types of delays can cause the wheels of justice to turn very slowly for a defendant, but how does it affect a defendant’s constitutional right to a speedy trial?
DNA Testing
Whenever police collect evidence that needs to be tested, that evidence is sent to one of the three state crimes labs. According to the lab’s Administrator for the Division of Forensic Sciences, almost all of the evidence their department receives are for felony charges. The process usually involves a “first-come-first-serve basis,” although there are situations where evidence may be able to get pushed to the front of the line, such as when there is a public safety threat or there is a jury trial scheduled.
Until the evidence for a case has been processed by the lab, the criminal justice process cannot proceed. Although a defendant can be charged with a crime, there can be no trial until the evidence testing results have been returned. This means that a pending charge can hang over a defendant’s head for months on end with no timely resolution.
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