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Court Rules the Convicted Have No Right to DNA Tests

By Tennessee Coalition to Abolish State Killing

On Thursday, June 18th, the U.S. Supreme Court ruled that those convicted of a crime do not have the right to obtain DNA testing on evidence that could prove their innocence. The 5-4 decision involved the case of William Osborne, an Alaskan man convicted of assault, kidnapping, and sexual assault in 1993. Though the victim did identify Osborne as one of her two attackers, court documents also reveal that her identification was questionable. The victim's eyesight was poor and the attack occurred at night when visibility was limited.In 2001, Osborne sought DNA testing that could prove his innocence for the assault. He filed suit in federal court because he contended that the state of Alaska had no provision for post-conviction DNA testing. Although the Supreme Court?s 5-4 decision did not completely deny that there is a constitutional right to DNA testing, it found that Osborne?s constitutional rights were not violated...continue to full post

Full post as published by tcask:: on the road (to abolition) on June 18, 2009 (boomark / email).