Justices Reject Inmate Right to DNA Tests

[groovedaddy]

WASHINGTON — 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.

http://www.nytimes.com/2009/06/19/us/19scotus.html?_r=1&th&emc=th

[happyslug]

1. Here is the actual opinion

http://www.supremecourtus.gov/opinions/08pdf/08-6.pdf

[MSC2007]

2. "Absolutely" John Paul "Absolutely"

You can't make billions off the for-profit prison complex and pay for wrongful incarceration if you let innocent people out, so you just don't give incarcerations an opportunity to prove there innocence. "Wake Up People, this is Marshal Law; Alive and Well"