Friday, June 19, 2009

Denying justice: it's not just for "terrorists"

Ed Brayton on the Supreme Court ruling denying/limiting access to DNA evidence which may exonerate the falsely accused.

Update: Lawyers, Guns, and Money on the ruling:

Roberts and his right-wing colleagues share another longstanding trait of American conservatives: prioritizing "state's rights" over human rights. And as in most cases, the benefits of this as applied to this case are hard to discern. While federalism may promote liberty in some respects, there is no tangible benefit to permitting states to imprison potentially innocent people when assessing exculpatory evidence would ave little expense. And interpreting the due process clause to give the defendant a right to present exculpatory evidence in this case can only be a threat to the "sovereignty" and "dignity" of the states if one believes that there should be virtually no federal supervision of the state criminal procedure, which the 14th Amendment precludes even if it wasn't a stupid idea on the merits. If preventing illegal detention isn't at the heart of due process, I'm not sure what is. (And why the abstract "dignity" of states should trump the very real dignity of human beings I can't tell you.)

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