This paper explores DNA testing and if convicted defendants should have rights to it.
Written in 2005; 675 words; 3 sources; $ 26.95
Paper Summary:
The paper contains two mini-essays which deal with whether convicted defendants have the right to DNA testing. Each essay takes a different position. The essays talk about whether DNA testing is a due process issue, whether Congress should play a role in deciding whether or not DNA testing should be nationalized and if it should be governed by federal statute or by the states.
From the Paper:
"The ability of a convicted defendant to secure DNA testing should be a due process issue. The Constitution of the United States says that no person should be deprived of life liberty of property without due process of law. Due process is defined as: "A legal concept that ensures the government will respect all of a person's legal rights instead of just some of most of those legal rights, when the government deprives a person of life, liberty, or property. Due process has also been interpreted as placing limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty" (Wikipedia 1). To guarantee fundamental fairness, convicted defendants should be able to prove their innocence through DNA testing. The Wikipedia encyclopedia goes on to state that there are two types of due process, substantive and procedural."
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