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DNA Testing: Justifying the Wrongly Convicted - Essay Example

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Summary
DNA testing is increasingly used as the post conviction evidence to justify the wrongly convicted innocent people. Despite of the notion that DNA evidence is one of the most reliable sources of information about the crime participants, some of the courts reject while others accept it an element for conviction or justification…
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DNA Testing: Justifying the Wrongly Convicted
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The first article chosen for discussion is written by Rochelle Haller who has conducted the intensive research related to the DNA testing as the method to justify wrongly convicted people. She starts with the critical examination of the judicial system in US and using statistical data proves that DNA technology is rightly utilized to prove the innocence. She focuses on the legal obligation of the state to grant each prisoner the right to DNA testing under the Innocence Protection Act of 2001.

The data found in the article is of high informational value because Haller does not only talk about this act but analyses the events and other laws that have resulted in the passage of Innocence Act. The author has devoted several pages to examination of the changes this act has resulted in regarding the federal, the state and the constitutional legislation. Haller has presented a lot of interesting information that is not covered by other authors. For example, in the section "Effect of the Act of current federal law" she examines how the system of applying for DNA testing works and why some of the convicted are granted such right while other are refused.

Thus, when the convicted makes the application for DNA testing, the court is obligated to notify the government. After the response is received, the government takes on the responsibility to ensure that all evidence is secured. Thus, the responsibility for DNA testing and DNA sample collection is not the responsibility of the court but of the government. The court, in addition, determines if the evidence still exists and there is the possibility for DNA testing. For example, if there is no evidence that can be tested using DNA then the application will be rejected.

Moreover, if the prisoner is not able to pay for DNA testing the government is obligated to cover the expenses. Since the year 2001 the government has to preserve all of the evidence that can be used for DNA testing even if the person is already convicted."Granting Post-Conviction Deoxyribonucleic Acid (DNA) Testing to Inmates" Jennifer Boemer has the similar to Haller objective in her article: to inform the reader about the DNA testing, its discovery, method and usage in the court. Even though from the first glance it seems that such vast pan of information can be hardly placed on 15 pages Jennifer has identified the major facts and covered them thoroughly.

The author notes that many inmates across the country did not have DNA testing available to them at the time of their conviction and now they have the opportunity to prove their innocence. Some of the authorities are very critical about this practice but the majority of people support it because more and more inmates are justified. Boemer starts with the examination of how the DNA testing has been first introduced into

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