Deoxyribonucleic acid or commonly known as DNA is a
thread like strand that have a persons genetic origin/composition. Every person
has their own DNA composition which is unique in its own way. A lot of debate
has been on going if DNA is really a crucial part in solving crimes?
Post conviction refers to the process that takes
place after a trial results in conviction of the suspect. After conviction
takes place the court will proceed to the sentencing of the defendant.
CONVICTION DNA TESTING.
Most of the states have enacted post conviction DNA
statue, this happened because it was common for inmates who haad been convicted
to use various excuses while appealing their case DNA being one of them. Post
conviction DNA testing has been successful in some cases and have been able to
save a person from being wrongfully convicted. It is easier and cheaper to do a
post conviction DNA testing rather than ignoring it and ending up sentencing a
wrong person as the latter might have more implications such as being sued for
compensation, killing an innocent person or wrongfully sentencing an innocent
The use of DNA analysis in post conviction cases has
already resulted in realizing of many innocent people who would have otherwise
be jailed for crimes they have not committed. Releasing an innocent person is
an advantage of it. It also costs less to conduct it comparing with the
implications that might come up as a result.
Post conviction trial is usually available to cases
which did not include it during the initial trial or where the technology wasn’t
available at the time of the crime or trial. This can happen if both the
defense and prosecution agree that post conviction DNA analysis is needed, cases where DNA testing wont prove the
innocence of the suspect person. Cases where testing will not produce the final
results. Cases where the suspect makes a questionable claim of innocence and
both the defense attorney and prosecutors agree that testing ought to occur.
Prisoners do not have the right for DNA
According to the United States supreme court prisoners do not have the right for DNA
testing. I vehemently oppose this final stance of the government. A DNA testing
in post conviction can be the difference between a guilty verdict and a not
guilty verdict not being passed. It is very wrong and would cost much more to
correct the mistake later on when an innocent person sues for compensation rather
than correcting it beforehand.
Conducting this DNA analysis costs less and might be
the difference between sentencing an
innocent person and avoiding a mistake. The man power part the justice system
can add some finance of its budget to this cause.
WHO ARE WRONGFULLY CONVICTED
Prisoners who are wrongfully convicted ought to be
compensated because before the conviction can be overturned they tend to suffer
a lot both physically, mentally and emotionally. Society tends to be judgmental
on people who have been convicted.
All this tortues that a person has gone through
while being wrongfully convicted, he/she ought to be compensated for them.
Mentally he/she suffers as we all know that prisons are not an ideal place
where most people would love to reside imagine the mental tortue a person who
is wrongfully imprisoned goes through. Emotionally the rejection by friends and
family or when family tends to look at them as criminals yet they are not and
they have been imprisoned as a mistake yet they have been wounded mentally. Put
yourself in their shoes and you will see the pain they will go through.
Physically they tend to suffer in prison as there are groups or prison fights
in which he/she might get hurt in the process.
Most convicts find it difficult to secure stable
housing; stable jobs are rekindling relationships with their family and
friends. The society usually stereotypes people who have gone to prison and
portrays them as being bad or evil hence being judged by the community.
Compensation ought to be done which is equal to the
pain and torture one has gone through. All though no amount of payment can
bring back the time that has been lost when was locked up in prison all that
time the compensation package is only to ease the pain in which one has gone
through while softening the blow felt. Over compensating can make others try to
commit the same crime under the same circumstances in a fraudulent way so as
they can also be rewarded but also when you offer a compensation package that
is not enough you will leave the individual feeling wronged and not fully able
to recover fully from the incident hence I recommend that the compensation
package ought to be equal to the pain and trauma suffered.
A successful correctional facility is key to correcting
this individuals and accepting them back to the society as changed. We do not
want them to turn to crime as it is costly to both the said individual and the
nation at large due to taxpayers’ money involved, losing an able bodied person
and dealing with insecurities among others. It is important that we are able to
integrate people who have made mistakes.
Kreimer, D Rudovsky – University of Pennsylvania Law Review, 2002
DeFoore – Tex. Tech L. Rev., 2001
Franceschelli – Cap. UL Rev., 2003
Brooks, A Simpson – Drake L. Rev., 2010
Thompson – The Champion, 2006