Justice Dept. to reverse Bush-era policy on DNA tests

[struggle4progress]

Source: Washington Post

By Jerry Markon
Washington Post Staff Writer
Thursday, November 18, 2010

Attorney General Eric H. Holder Jr. is reversing a controversial Bush administration policy under which numerous defendants have waived their right to DNA testing even though that right is guaranteed under federal law, Justice Department officials said Wednesday.

Holder will issue a memo on Thursday to the nation's 93 U.S. attorneys, which overturns the practice of seeking "DNA waivers,'' said the officials, who spoke on condition of anonymity because the policy shift had not been publicly announced.

The waivers have been in widespread use in federal cases for about five years and run counter to the national movement toward allowing prisoners to seek post-conviction DNA testing to prove their innocence. More than 260 wrongly convicted people have been exonerated by such tests, though virtually all have been state prisoners.

The waivers are filed only in guilty pleas and bar defendants from ever requesting DNA testing, even if evidence emerges that could exonerate them. Statistics show that innocent people sometimes plead guilty, often for a reduced sentence. One quarter of the 261 people who have been exonerated by DNA testing had falsely confessed to crimes they didn't commit, and 19 of them pleaded guilty, according to the New York-based Innocence Project ...

Read more: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/17/AR2010111706244.html

[Solly Mack]

1. K&R

That's good.

[Moosepoop]

2. Excellent!

Even better would be if it were retroactive, and nullified the waivers already obtained. I don't think it does this. But still, a wonderful development!

[Jefferson23]

3. Excellent Holder, truly excellent! n/t

[goforit]

4. WOW...2 years gone and Holder has 1 accomplishment.WTF?

[herbm]

5. About time, what is about assumption of innocence and due process and right to not self incriminate

so damn hard to understand?