A Right To DNA Testing ?

There is an interesting case being heard in the U.S. Supreme Court right now. The issue being argued before the court is whether a convicted person has the right to demand a DNA test be conducted in his case. If the questioning done by the justices is any indication, it looks like this will be a very close decision and could go either way.

There are only six states that don't have some kind of DNA testing law, and Alaska (where the case is from) is one of the six. But the states that do have DNA testing laws have different standards laid down for the testing. A Supreme Court ruling that there is such a right would standardize DNA laws and rights in all 50 states. That is why even some states with DNA laws are opposing the court establishing the right to DNA testing.

Surprisingly, it looks like the Obama administration may also oppose giving convicted felons this right. Obama appointee, Deputy Solicitor General Neal Katyal, told the court, "This is a particularly poor candidate for recognizing a new constitutional right." (The convict has already been paroled, and revoked on a new felony charge.)

Peter Neufeld of the Innocence Project countered that saying, "All they're getting is a darn test. And they're staying in prison while they get that darn test."

I have to agree with Neufeld. Especially considering that 232 convicted felons have been found to be innocent by DNA tests since 1989. That figure alone tells us there are probably many more innocent people incarcerated in this country.

So what is the problem with giving convicted felons the right to ask for a DNA test? Are they afraid the labs will be flooded with tests, or that states (and DA's) will look bad if hundreds more innocent people are found incarcerated?

If it is the former, it would only be for a limited time -- since most cases with DNA today are already testing that DNA. If it is the latter, why should we care? Isn't freeing innocent people more important than covering up for incompetence?

I'm surprised the court decision is a close one. I would have thought protecting the rights of the innocent would be an important concern for the court.