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littlemissmartypants

(28,474 posts)
6. Two contingencies are mentioned.
Sat Apr 20, 2024, 04:26 PM
Apr 2024
2,958 kits do not require testing under the Survivor Act because:

1. The kit was linked to a case that law enforcement and prosecutors had already won a conviction in, and the defendant’s sample was added to the CODIS DNA database.

2. The kit was determined to be unfounded after a comprehensive review by the law enforcement
agency and another review by the multi-disciplinary review team, including victim advocates. An “unfounded” determination means that there is clear and convincing evidence that the crime did not occur.

So, law enforcement did a review and the multi-disciplinary review team, including victim advocates did another review of the same cases behind LE review.

I can do more research on the makeup of the second group but I'll have to do it later. I haven't looked at any other statistics for comparison. For example, false rape accusations as a data set.

It appears that the qualification is proof of a crime generally. If a crime is identified in relation to the kit then it qualified for testing.

False accusations appear not to have been considered as a data point. Knowing the kid of guy Josh is that makes sense. He wouldn't be accusatory toward a reporting victim whether there's a crime identified or not. It appears to be a diligent by the book definition of "crime committed" that he followed in the process.

I hope that helps. ❤️

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