ABSTRACT
This chapter examines the contemporary post-conviction innocence standard in light of the rise in the use and availability of DNA evidence. It discusses the Byzantine legal standard for proving post-conviction innocence, using the case of Troy Davis to exemplify the challenges inherent in proving innocence in the contemporary context. The chapter focuses on the "DNA revolution", highlighting recent discussions regarding the constitutional consequences of DNA testing on criminal suspects and defendants. It is meant to be an exploration to highlight the accomplishments of the contemporary Innocence Movement while offering a word of caution for potential constitutional consequences going forward. The first task faced by the criminal law professor is to disabuse students of the myth of innocence. At trial, criminal defendants face two potential verdicts. Those verdicts are not "guilty" and "innocent", but guilty and not guilty.
