Friday, June 19, 2009

Do Your Job, Mr. Roberts

And, Messrs. Thomas, Alito, Scalia, etc.

Yesterday the US Supreme Court ruled that one DOES NOT have a constitutional right to DNA evidence.

Said Mr. Roberts:

DNA testing has an unparalleled ability both to exonerate the wrongly convicted and to identify the guilty. The availability of new DNA testing technologies, however, cannot mean that every criminal conviction, or even every criminal conviction involving biological evidence, is suddenly in doubt. The task of establishing rules to harness DNA's power to prove innocence without unnecessarily overthrowing the established criminal justice system belongs primarily to the legislature.

And later he says THIS

There is no long history of a right of access to state evidence for DNA testing that might prove innocence. "The mere novelty of such a claim is reason enough to doubt that 'substantive due process' sustains it."

Check out Ed Brayton's anaylis and his thoughtful commenters here.

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