Friday, June 19, 2009

Unreasonable Doubt

I almost missed this in all the Iran and Obamacare news. The Supreme Court yesterday in a 5-4 ruling sent down a devastating ruling stating that prisoners have no right to DNA evidence that may prove them innocent.
Prisoners have no constitutional right to DNA testing that might prove their innocence, the Supreme Court ruled on Thursday in a 5-to-4 decision.

The court divided along familiar ideological lines, with the majority emphasizing that 46 states already have laws that allow at least some prisoners to gain access to DNA evidence.

“To suddenly constitutionalize this area,” Chief Justice John G. Roberts Jr. wrote for the majority, “would short-circuit what looks to be a prompt and considered legislative response.”

The case before the court concerned Alaska, which has no DNA testing law. Prosecutors there have conceded that such testing could categorically establish the guilt or innocence of William G. Osborne, who was convicted in 1994 of kidnapping and sexually assaulting a prostitute in Anchorage.

In a dissent, Justice John Paul Stevens said the Constitution’s due process clause required allowing Mr. Osborne to have access to DNA evidence in his case.

“For reasons the state has been unable or unwilling to articulate,” Justice Stevens wrote, “it refuses to allow Osborne to test the evidence at his own expense and to thereby ascertain the truth once and for all.”
The Roberts court rolls on. More than anything else George W. Bush did over the last eight years, his appointment of John Roberts and Samuel Alito will cause lasting damage for generations. But here's the best part:
States would incur significant costs, Justice Alito added, were prisoners “given a never-before-recognized constitutional right to rummage through the state’s genetic-evidence locker.” And even the most sophisticated DNA testing, he said, “often fails to provide absolute proof of anything.
And yet, people are convicted on it...and exonerated on it. We can't have people demanding DNA evidence of crimes, it'll cost too much.

We'll just spend the money incarcerating them for decades instead. That's much cheaper!

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