viernes, 6 de marzo de 2009

DNA Testing and the Supreme Court

The supreme court has taken an interesting case, from the northernmost state of Alaska. It's the case of William Osborne, convicted of assaulting a prostitute. Now you may be asking what is a closed rape case from Alaska doing in front of the Supreme court, well that's the interesting part. Osbourne claims DNA Testing is a constitutional right.

Osbourne is requesting a new DNA test on the evidence that he states would clear his name. The problem is that he is asking for this after pleading guilty, for a reduced sentence, and being sentenced.

"Forty-four states already permit convicts to demand DNA testing, though the states apply different requirements. Since 1989, 232 convicted felons have been exonerated because of DNA testing."

Most states in the US allow some type of access to DNA testing, and only 6 don't already have a system in place (Alaska being one of them).

Now the results given by the supreme court will mark a shift in the legislation of legal DNA tests for criminal cases. Where before it was underthe State's purview, now it would be enforced by federal law.

No hay comentarios: