No constitutional right to DNA testing
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- June
- 22
Today I wrote about the Supreme Court ruling that an Alaskan man had no constitutional right for DNA testing.
The court split 5-4 to deny William G. Osborne access to evidence he wanted to test. Osborne had served time for the rape and assault of a prostitute in Alaska.
Chief Justice John Roberts wrote in the majority opinion that establishing a freestanding right to access to DNA would force the court to confront a myriad of issues.
“We would soon have to decide if there is a constitutional obligation to perserve forensic evidence that might later be tested…If so, for how long? Would the State also have some obligation to gather such evidence in the first place? How much, and when? No doubt there would be a miscellany of other minor directives.”
All good questions, but on the other side, what if a man’s freedom and possibly life is at stake?
He also wrote that the criminal justice system has historically accommodated new types of evidence.
That’s of course true, fingerprinting for example. But how many have led to the exoneration of 240 people wrongfully convicted. I think he underestimated the power of DNA.
As the Innocence Project, the ruling will have limited effect. Most states have their own laws governing DNA access.
Now what about the three that do not?
This entry was posted
on Monday, June 22nd, 2009 at 5:08 pm by Noreen O'Donnell.
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Does that mean in Alaska you are gulty until proven inocent??? Then what is the cost of ones freedom???
I’m still waiting for the six girls (I witness) that ran me down running a red light in Hartford CT to be caught! 3/31/01 My DNA is all over the hood and grill of an old GM 4door! somwhere up there!! This is a sad day when no one gives two *&^%s about JUSTIS!
Every man is entitled to a good defense and the justice should try anything to avoid arresting the wrong man.I don’t understand the decision of the court.
We can give money away for nothing but we can’t spend money for one’s freedom???”WTF”!!!!!!!!!!!!!!