Saturday, March 10, 2012

What does the law have to say about testing DNA to clear someone of murder after the execution?

I've heard it said that there are no known cases in which DNA evidence cleared someone of murder after the person was executed for the murder. I don't know whether it's true, but if it is, could the reason be that there's some sort of law against it for some reason? Spending money on a posthumous investigation won't bring the wrongly executed person back to life, and the prosecutor would rather not be humiliated.What does the law have to say about testing DNA to clear someone of murder after the execution?
First of all there have been cases. Can't quote them for you, but I know they exist.



Second on DNA while the subject is out there...



DNA is ONLY exclusionary. In other words it can ONLY exclude people form a possible group, NOT include people.



It is incredibly scary to consider how brainwashed people have become about DNA evidence.



Consider that in the OJ Simpson case the odds of having another person in LA that would have also matched the DNA sequence meant about 25 people in LA could have left the DNA.



It was about 580 times more likely someone other than OJ Simpson left the sample than you winning the next lotto drawing with one ticket.



Chew on that, and pray you never get yanked on something that happens to match your DNA.
i think that the only reason they do it is because they are too lazy to do it while they're alive. n they know they cant bring the person back. all i know is that the government isnt doin their job rightWhat does the law have to say about testing DNA to clear someone of murder after the execution?
Many murder trials that were conducted before the use of DNA evidence can be re-examined in more detail by introducing DNA evidence. No, it won't bring the person back, but I think it's important to get an idea of how accurate our criminal justice system is if we are employing capital punishment.



Executing someone through capital punishment in a wrongful conviction is entirely inexcusable.
the defense can pay for it too you know. There is a foundation that works oon this sort of stuff, can't recall the name, but one of the attorneys is Barry Scheck (of OJ fame). google it.



I believe there have been some cases where the execution was already scheduled and imminent before a judge got cold feet due to new or pending DNA cases. California and Illinois come to mind.



Many states have put executions on hold in large part for this issue.What does the law have to say about testing DNA to clear someone of murder after the execution?
Genetic testing exonerated Florida inmate Frank Lee Smith several months after he died of natural causes while awaiting execution.



In 2000, tests ordered by a Georgia judge on evidence in the case of Ellis Wayne Felker, who was executed in 1996, were "inconclusive."



There is no law against it, but it must be ordered. And, as you note, there is a strong push-back against it.
well, consider the obvious.. if the wrong person was executed, the real criminal is possibly still out there, murdering someone else.

So, I think it would be valid (to a point). However, it won't happen for logistical reasons.
I think that all the people involved in those executions should go to jail. Especially, those involved in the judgement system

from the state of Texas: all of them are a bunch of criminals from the first one to the last one.
The law says the question is moot.



HOWEVER, if the govt wont do it, you can civilly go through the process of DNA testing, and if lucky possibly have the executed person declared not guilty.



Having the person declared not executed is beyond the scope of the law however.



Many in the legal system think its great to file charges and get convictions. Down in south florida they used to do it all the time until Ken Jenne, the Sheriff of Broward County, got arrested and convicted and thrown out of office.



THAT conviction WAS legit !!!



We can only hope the executed person committed some murder no one knew about so he got the right punishment even if it wasn't the right case....
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