CIU Guidelines

Mdao Guidelines
Forensic Testing Pursuant To G.l. c. 278a, Claims of Actual Innocence, and Miscarriages of Justice

The CIU responds to both post-conviction motions for forensic testing brought pursuant to G.L. c. 278A and requests for relief made directly to the CIU. Motions for forensic testing brought pursuant to G.L. c. 278A must follow the prescribed statutory framework, and must be allowed by an appropriate court. Other requests for relief based on claims of either actual innocence or miscarriages of justice are assessed internally and, in appropriate circumstances, presented to the Conviction Integrity Committee before the District Attorney determines how to proceed.

Because these processes are fundamentally distinct, the CIU has developed two sets of guidelines, one that governs motions for post-conviction forensic testing pursuant to G.L. c. 278A, and the other that governs other claims of actual innocence or miscarriages of justice. In order to provide as much transparency as possible, the MDAO has made these guidelines public. They can be reviewed by clicking the appropriate links below.