Justices Rule Inmates Don’t Have Right to DNA Tests

By DAVID STOUT
WashPost

WASHINGTON — Convicts do not have a right under the Constitution to obtain DNA testing to try to prove their innocence after being found guilty, the Supreme Court ruled on Thursday.

In a 5-to-4 decision, the court found against William G. Osborne, a convicted rapist from Alaska. But the decision does not necessarily mean that many innocent prisoners will languish in their cells without access to DNA testing, since Alaska is one of only a few states without a law granting convicts at least some access to the new technology.

“DNA testing has an unparalleled ability both to exonerate the wrongly convicted and to identify the guilty,” the majority conceded, in an opinion written by Chief Justice John G. Roberts Jr. “The availability of new DNA testing, however, cannot mean that every criminal conviction, or even every conviction involving biological evidence, is suddenly in doubt.”

In addition, the majority reasoned, it is not so much up to the federal courts as it is to the state legislatures to establish rules “to harness DNA’s power to prove innocence without unnecessarily overthrowing the established criminal justice system.”

(More here.)