Greg Roach's Berkshires Blog: No Right to Evidence?

Thursday, June 18, 2009

No Right to Evidence?

Convicts do not have a right under the Constitution to obtain DNA testing to try to prove their innocence after being found guilty, the Supreme Court ruled on Thursday.

As usual, those who claim to defend rights are the ones narrowing them:

Thursday’s ruling in District Attorney’s Office v. Osborne, No. 08-6, reversed a ruling by the United States Court of Appeals for the Ninth Circuit. Joining Chief Justice Roberts in the majority were Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.

While this particular case has some weirdness to it, the overall precedent is truly astounding. All I can say is I hope our state legislature has already created a legal means for people to obtain potentially exonerating DNA evidence if no such testing was done prior to, and presented at, their trial.

Because, you know, we never wrongly convict people.....

¶ 6:08 PM

Comments:

Geesh Greg-- this it the secomd time in a week that I have agreed with you---I think I'll shoot myself---chbpod

# posted by

Anonymous : 9:13 PM

Wow, that is tough Clark, but when you're right your right.

The only thing that we can take solace in is that most states have laws giving at least basic rights to inmates' testing of DNA post-trial (sadly, MA is not one of them). This was actually brought up by some of the affirming judges (especially the strict constructionists on the court) as they would rather let the states legislate this.

I patently disagree and think it should be at the federal level... I will now commence holding my breath until our congress takes action.

# posted by

Editor : 2:22 PM