INTRODUCTIONDeoxyribonucleic acid or commonly known as DNA is athread like strand that have a persons genetic origin/composition. Every personhas their own DNA composition which is unique in its own way. A lot of debatehas been on going if DNA is really a crucial part in solving crimes?Post conviction refers to the process that takesplace after a trial results in conviction of the suspect. After convictiontakes place the court will proceed to the sentencing of the defendant.
POSTCONVICTION DNA TESTING.Most of the states have enacted post conviction DNAstatue, this happened because it was common for inmates who haad been convictedto use various excuses while appealing their case DNA being one of them. Postconviction DNA testing has been successful in some cases and have been able tosave a person from being wrongfully convicted.
It is easier and cheaper to do apost conviction DNA testing rather than ignoring it and ending up sentencing awrong person as the latter might have more implications such as being sued forcompensation, killing an innocent person or wrongfully sentencing an innocentperson. The use of DNA analysis in post conviction cases hasalready resulted in realizing of many innocent people who would have otherwisebe jailed for crimes they have not committed. Releasing an innocent person isan advantage of it. It also costs less to conduct it comparing with theimplications that might come up as a result.Post conviction trial is usually available to caseswhich did not include it during the initial trial or where the technology wasn’tavailable at the time of the crime or trial.
This can happen if both thedefense and prosecution agree that post conviction DNA analysis is needed, cases where DNA testing wont prove theinnocence of the suspect person. Cases where testing will not produce the finalresults. Cases where the suspect makes a questionable claim of innocence andboth the defense attorney and prosecutors agree that testing ought to occur.Prisoners do not have the right for DNAtestingAccording to the United States supreme court prisoners do not have the right for DNAtesting. I vehemently oppose this final stance of the government.
A DNA testingin post conviction can be the difference between a guilty verdict and a notguilty verdict not being passed. It is very wrong and would cost much more tocorrect the mistake later on when an innocent person sues for compensation ratherthan correcting it beforehand.Conducting this DNA analysis costs less and might bethe difference between sentencing aninnocent person and avoiding a mistake. The man power part the justice systemcan add some finance of its budget to this cause.
PRISONERSWHO ARE WRONGFULLY CONVICTEDPrisoners who are wrongfully convicted ought to becompensated because before the conviction can be overturned they tend to suffera lot both physically, mentally and emotionally. Society tends to be judgmentalon people who have been convicted.All this tortues that a person has gone throughwhile 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 placewhere most people would love to reside imagine the mental tortue a person whois wrongfully imprisoned goes through.
Emotionally the rejection by friends andfamily or when family tends to look at them as criminals yet they are not andthey have been imprisoned as a mistake yet they have been wounded mentally. Putyourself 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 fightsin which he/she might get hurt in the process.Most convicts find it difficult to secure stablehousing; stable jobs are rekindling relationships with their family andfriends.
The society usually stereotypes people who have gone to prison andportrays them as being bad or evil hence being judged by the community. Compensation ought to be done which is equal to thepain and torture one has gone through. All though no amount of payment canbring back the time that has been lost when was locked up in prison all thattime the compensation package is only to ease the pain in which one has gonethrough while softening the blow felt. Over compensating can make others try tocommit the same crime under the same circumstances in a fraudulent way so asthey can also be rewarded but also when you offer a compensation package thatis not enough you will leave the individual feeling wronged and not fully ableto recover fully from the incident hence I recommend that the compensationpackage ought to be equal to the pain and trauma suffered.CONCLUSIONA successful correctional facility is key to correctingthis individuals and accepting them back to the society as changed. We do notwant them to turn to crime as it is costly to both the said individual and thenation at large due to taxpayers’ money involved, losing an able bodied personand dealing with insecurities among others. It is important that we are able tointegrate people who have made mistakes.
REFERENCE1. SFKreimer, D Rudovsky – University of Pennsylvania Law Review, 20022. DDeFoore – Tex. Tech L. Rev., 20013.
AMFranceschelli – Cap. UL Rev., 20034. JBrooks, A Simpson – Drake L. Rev.
, 20105. WCThompson – The Champion, 2006