Do Convicts Have A Right to DNA Testing?
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.