Supreme Court Says No Constitutional Right to DNA Testing for Convicts

Source: http://blogs.findlaw.com/blotter/2009/06/supreme-court-says-no-constitutional-right-to-dna-testing-for-convicts.html
By Javier Lavagnino

It's not unusual to hear news stories about individuals who have languished in prison for years to be freed based on exonerating DNA evidence. Similarly, although they might not get as many headlines, the police-indicate-john-floyd-thomas-jr-may-be-westside-rapist-mandatory-dna-collection-was-key.Police Indicate John Floyd Thomas Jr. May be 'Westside Rapist': Mandatory DNA Collection Was Key?"
The value of evidence from DNA tests for law enforcement and the prosecution in pursuing and establishing the guilt of a defendant is tough to dispute. In a close 5-4 Dist. Atty's Office for the Third Jud. Dist v. Osborne decision today, the Supreme Court today announced that there is no constitutional right for someone who has been convicted of an offense to get access to the prosecution's evidence to perform DNA testing.

In the eyes of the Court's majority the issue may have boiled down to one of procedure after someone has been convicted. With the consideration that someone has already been found guilty, the issue is best left to the legislatures of the states to resolve. Indeed, the Court pointed out that 46 states and the federal government already have laws dealing specifically with access to DNA evidence.

Get Stoked Note for the Abused: our Bill of Rights was never designed to be a suicide pact. Study all 10 of them they are meant to balance the way between protection of the innocent and the rights of the accussed. period.

We the People of the United States, in Order to form a more perfect Union, establish Justice,ensure domestic Tranquility, provide for the common, promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Ref: http://docs.google.com/fileview?id=F.2a6348af-1434-42f0-bbc0-af8ae726c390&hl=en