Capital Punishment and DNA Requirements

[Athena]

Supreme Court Refuses DNA Testing in Capital Case (http://news.yahoo.com/s/ap/20071126/ap_on_go_su_co/scotus_arthur_1)

"In April, Arthur's lawyers sued the state claiming that the inmate was being deprived of his rights and was entitled to DNA testing of critical pieces of physical evidence, including a rape kit, bloodstained clothing and hairs aimed at showing that someone other than Arthur committed the murder.

The 11th U.S. Circuit Court of Appeals in Atlanta affirmed a federal judge's dismissal of Arthur's lawsuit, citing the authority of federal courts to dismiss such claims that are speculative or are filed too late in proceedings."

................................

It is my opinion that no capital case should proceed without DNA evidence (and should instead be life sentencing) and, if there is DNA available, it must be tested. In the above case, there is untested DNA evidence connected with a capital case. They won't test it because the defense filed too late. This, in my opinion, is unacceptable.

In 2000, Illinois Gov. Ryan put a moratorium on the death penalty in his state (http://archives.cnn.com/2000/US/01/31/illinois.executions.02/). This is because, since the establishment of capital punishment in Illinois in 1977, Illinois had exonerated more prisoners than they had executed. 13 were proven innocent after being convicted and sent to death row.

This is exactly why DNA evidence should be a requirement in capital cases. Currently, there is no better way to ensure that you're killing the right guy.

What say you?

[alizardsbet]

well as the years go by and the actual sampling process of crucial dna testing becomes more minuscule (meaning they need to destroy less of the pieces of valuable evidence to do a pairing) i'd have to agree with you on this. it really should be a requirement.

it may be mere speculation at this point i think the reason why they are being such dip shits about the whole thing is the mess of paper work the defense attorney is making of the case. its also probably the reason why the courts havent caught up with the times, is becuz of the back log on filings, and sluggish updates. however sloppy paper work is not a proper defense for either side of this incident, and dont find it an acceptable argument for either denying or validating a right. yet there you go. i mean flip it around are you going to let go a convicted felon becuz they lost the paper work on them in the court? (hello new orleans anyone?) these proceedings are set in such an order to prevent this very thing from happening. thats reason why you pay the big bucks for a good lawyer with lots pee-ons to make sure every corner and crevice doesnt go unturned.

yet if its a requirement then isnt that just good politics? oh boy i smell a movement coming. no, its just my bowels.

[Kathy]

I agree that if there is DNA available it should always be tested.

However, I think that if there is a DNA match in a capital case, they should be put in the express lane for the execution chamber.

[Morbid]

I agree that if there is DNA available it should always be tested.

However, I think that if there is a DNA match in a capital case, they should be put in the express lane for the execution chamber.

I always thought it would be cool to have labs IN the prison that do the DNA testing. Then, for cases in which there is DNA and a death sentence, you could get Maury Povich to come in.

He would sit beside a long row of inmates strapped into electric chairs in front of a live audience.

"In the case of Mary Stewart, 10-years old, raped, sodomized, tortured and strangled to death....Jason Bartrow...you ARE the killer!"

Then a switch would be immediately flipped, the dude fries and then they move on to the next guy.

That would be FUCKING AWESOME!

[Kathy]

I always thought it would be cool to have labs IN the prison that do the DNA testing. Then, for cases in which there is DNA and a death sentence, you could get Maury Povich to come in.

He would sit beside a long row of inmates strapped into electric chairs in front of a live audience.

"In the case of Mary Stewart, 10-years old, raped, sodomized, tortured and strangled to death....Jason Bartrow...you ARE the killer!"

Then a switch would be immediately flipped, the dude fries and then they move on to the next guy.

That would be FUCKING AWESOME!

I would TOTALLY watch that show.:D

[CPL CHUD]

I always thought it would be cool to have labs IN the prison that do the DNA testing. Then, for cases in which there is DNA and a death sentence, you could get Maury Povich to come in.

He would sit beside a long row of inmates strapped into electric chairs in front of a live audience.

"In the case of Mary Stewart, 10-years old, raped, sodomized, tortured and strangled to death....Jason Bartrow...you ARE the killer!"

Then a switch would be immediately flipped, the dude fries and then they move on to the next guy.

That would be FUCKING AWESOME!Hey, there's another way to make prison profitable. Turn it into a reality show. Make it like Survivor, except whoever wins gets a DVD player and TV for their room or something. Extra dessert for lunch for a week. Sodomy protection.