“Splitting 5-4, the Supreme Court ruled Thursday that an individual whose criminal conviction has become final does not have a constitutional right to gain access to evidence so that it can be subjected to DNA testing to try to prove innocence.” This is, alas, consistent with prior law, which made evidence of “actual innocence” surprisingly unimportant post-conviction. It’s also something that can — and should — be corrected by legislation. Will Congress act? It should, and so should state legislatures. Anyone who criticizes such legislation as “soft on crime” should be immediately pantsed, as it would, of course, benefit only the innocent.
Yes, legislatures should correct this, just as they should prevent eminent domain abuse as a result of the flawed Kelo ruling.