Do Convicts Have A Right to DNA Testing?
Posted by Osagie K. Obasogie March 12, 2009
Biopolitical Times
On the heels of the Innocence Project’s 200th exoneration last year through post-conviction DNA testing, the United States Supreme Court has decided to take up a case that will determine whether all prisoners should have a right to such tests. Many of the requests for new DNA tests come from prisoners convicted prior to the widespread use of genetics in criminal cases or before the technology reached its current level of sophistication. Six states currently do not have laws to allow prisoners access to DNA evidence after their conviction.
Although the right to further testing may seem obvious, victims rights groups, most states, and the federal government are in strong opposition. They are concerned with frivolous claims, overburdening the system, and the need for finality. This is unfortunate; all of these parties should be heavily invested in making sure innocent people aren’t languishing behind bars.
While the use of DNA in the criminal justice system raises a number of issues (see Chapter 3 of Playing the Gene Card?), there’s an important difference between using genetic technologies to exclude those wrongly accused and using them to fish for suspects. Given that many speculate that the 200+ people freed by the Innocence Project is only the tip of the iceberg regarding false convictions, it will be interesting to see how the Supreme Court balances these competing interests.
Although the right to further testing may seem obvious, victims rights groups, most states, and the federal government are in strong opposition. They are concerned with frivolous claims, overburdening the system, and the need for finality. This is unfortunate; all of these parties should be heavily invested in making sure innocent people aren’t languishing behind bars.
While the use of DNA in the criminal justice system raises a number of issues (see Chapter 3 of Playing the Gene Card?), there’s an important difference between using genetic technologies to exclude those wrongly accused and using them to fish for suspects. Given that many speculate that the 200+ people freed by the Innocence Project is only the tip of the iceberg regarding false convictions, it will be interesting to see how the Supreme Court balances these competing interests.