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To: J. C. Dithers who wrote (8086)	4/10/2002 10:24:56 AM
From: jlallen	Respond to of 21057

Good point.

To: J. C. Dithers who wrote (8086)	4/10/2002 10:35:05 AM
From: Lane3	Read Replies (1) \| Respond to of 21057

Justice cuts both ways, and I don't think it is simple at all to figure out how new DNA technology could be fairly incorporated into old cases to determine truth. One of the problems in the justice system is that most convicts continue to claim that they are innocent. The retroactive availability of DNA verification of their guilt would be helpful in reducing the number of claimants. You're not going to press for DNA testing unless you're sure that the result will favor you. That may get the number of requests for DNA analysis and for appeals down to a reasonable number, for which some (admittedly difficult) approach to achieve justice would be needed.

To: J. C. Dithers who wrote (8086)	4/10/2002 12:13:18 PM
From: jcky	Read Replies (1) \| Respond to of 21057

Life is never simple. I really don't understand the hesitancy (or shall I say fear) in implementing another tool in expanding the body of evidence for, or against, a defendant. < If a new test showed a non-matching DNA sample, would that alone prove innocence? It would seem to be powerful exculpatory evidence, but wouldn't it have to be considered in the context of the other evidence? > Of course it should. But there are examples of other tests used in society to determine culpability which has limited application, but nevertheless, serves a useful purpose in the court of law. I'm sure you're aware of ABO blood typing in paternal disputes. Does this test solve all answers in all cases? No. But it does have its application for the right circumstances. Yes. You're telling me that DNA testing has absolutely no, zero, applications in prior convictions. That's silly. You have a much better argument saying that the preservation of previous testable material may be contaminated or subject to degradation from improper storage than pointing to the impracticalities of a new trial. In fact, new evidence demands a new trial.