LIBERTY: the Right to Prove One’s Innocence?

http://www.reason.com/blog/show/132008.html

New at Reason: Radley Balko on DNA Testing and the Right to Prove One’s Innocence

March 2, 2009, 6:50pm

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If a convict can establish irrefutable proof of his innocence with a simple DNA test, does he have a constitutional right to that test, even if he has exhausted his legal appeals? As Senior Editor Radley Balko writes, the answer to that question may depend on how the Supreme Court rules in the case of District Attorney’s Office v. Osborne, which it heard today.

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The state of Alaska and its supporters are arguing in Osborne that once a defendant has exhausted his appeals, those values switch, making the protection of a conviction more important than achieving actual justice.

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Of course, “justice” to the gooferment is a relative term. Not to the DOWG or us little L libertarians!]

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