Court Rules Convicts Have No Right To DNA Tests

Chelley · Post by **Chelley** » June 18th, 2009, 10:30 am

http://www.npr.org/templates/story/stor ... c=fb&cc=fp

Anybody else find this outrageous?

apiaryist · Post by **apiaryist** » June 18th, 2009, 1:36 pm

I do believe that DNA evidence should be a given in any court case.

But...

It looks like a pretty rock-solid ruling. This is a states-rights issue. The article says that there's already a law in place to allow admission in Federal cases. It also says that 44 states and DC already have a similar law on the books. Either we leave it up to the remaining 6 stragglers, or we add a new amendment to the Constitution. The SCOTUS should be making calls on existing laws just like this one. It's not a place to create new laws, which is really what should be done.

The guy should have gone through the regular appeals process, or phoned his congressman. I can't think of anything more tragic than an innocent man rotting away in prison. I hope he gets the help he needs.

Matt · Post by **Matt** » June 18th, 2009, 1:48 pm

Not to be nitpicky, but the decision was not that he has no right to use DNA evidence, it is that the Constitution does not guarantee him this right - big difference, there.