Gov. Andrew Cuomos proposal to vastly expand the states DNA database to include samples from all convicts would mark the logical evolution of a tool that has helped solve crimes in New York and beyond even decades after their occurrence. It would be a wasted opportunity, however, to stop with that reform and not make other common-sense fixes to bolster the delivery of justice in our courts. <\/p>\n
After aligning himself with a parade of prosecutors supporting his DNA legislation, the governor hinted at some compromise Wednesday, saying he was open to critics call for more DNA-related protections. <\/p>\n
Democrats in the Assembly and civil rights groups have been pressing for more safeguards to ensure against wrongful convictions, and to ease access to the DNA database for those seeking to press their innocence. <\/p>\n
Discussion of these added protections most certainly should be included in the debate over the Cuomo measure and be touted by the governor and state prosecutors as well; their obligation runs not only to crime victims, but also to ensuring that our criminal justice system is infused with fairness. <\/p>\n
No less authority than the chief judge of New York, Jonathan Lippman, has identified related areas where that is not the case. <\/p>\n
In his State of the Judiciary address last month, Lippman said preventing wrongful convictions had to be a part of any plan to expand the DNA database. At present, DNA samples are taken from those convicted of felonies and some misdemeanors, meaning about 48 percent of criminals give samples. Cuomos measure, while requiring samples from all convicts, would only deal with part of the justice equation. <\/p>\n
Lippmans fixes would include giving convicted people greater access to DNA testing and clarifying the role of judges to order testing, rather than leaving prosecutors with so much discretion to order such testing. He also called for extending access to DNA testing to convicts who pleaded guilty to major crimes they later claim they did not commit a nod to the problem of false confessions. He also called for mandatory videotaping of interrogations and reforms related to the identification of defendants by eyewitnesses both areas subject to damning errors. <\/p>\n
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The case of Jeffrey Deskovic, who served more than 15 years for a murder he did not commit, explains some of the Lippman reforms. Deskovic, who had confessed to the 1989 killing of Peekskill High classmate Angela Correa, was exonerated by DNA evidence in 2006, after spending more than 15 years behind bars. When he was released, Deskovic recounted how his plea for such testing had been summarily rejected by former Westchester District Attorney Jeanine Pirro. Her successor, Janet DiFiore, later ordered the DNA testing. It identified someone else as Correas killer, a man already behind bars for a subsequent homicide. <\/p>\n
We must tackle the source of wrongful convictions innocent people convicted of crimes they did not commit, said Judge Lippman, quoted in a New York Law Journal. He formed a permanent task force to address the problem of wrongful convictions a recommendation itself derived from an independent inquiry into the Deskovic case. When an innocent person is convicted of a crime, the individuals liberty is irretrievably and unjustly taken while the real perpetrator remains free to continue to prey on the public. Cuomo, the Senate, which has already passed the expanded DNA bill, and the Assembly have ample opportunity here to ensure more justice in New York. <\/p>\n<\/p>\n
Read the original here: Gov. Andrew Cuomos proposal to vastly expand the states DNA database to include samples from all convicts would mark the logical evolution of a tool that has helped solve crimes in New York and beyond even decades after their occurrence. It would be a wasted opportunity, however, to stop with that reform and not make other common-sense fixes to bolster the delivery of justice in our courts Continue reading
\nEditorial: Expanding DNA database isn't enough; access must grow, too<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"