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Bush Invokes DNA Testing for the Innocent

Thanks to Instapundit for alerting me to this section of Bush's State of the Union Address

In America we must make doubly sure no person is held to account for a crime he or she did not commit -- so we are dramatically expanding the use of DNA evidence to prevent wrongful conviction. (Applause.) Soon I will send to Congress a proposal to fund special training for defense counsel in capital cases, because people on trial for their lives must have competent lawyers by their side. (Applause.)

As to DNA testing for the innocent, the final bill that passed Congress is the Justice for All Act, and it is primarily a crime victim's bill, not an Innocence bill. Here is how the money is apportioned (scroll down to portion with subtitle, DNA Testing (Title II, III, IV)):

  • Enacts the Debbie Smith Backlog Grant Program, providing $755 million to test the backlog of over 300,000 rape kits and other crime scene evidence awaiting analysis in our nation's crime labs;
  • Enacts the DNA Sexual Assault Justice Act and the Rape Kits and DNA Evidence Backlog Elimination Act, authorizing more than $500 million for programs to improve the capacity of crime labs to conduct DNA analysis, reduce non-DNA backlogs, train examiners, support sexual assault forensic examiner programs, and promote the use of DNA to identify missing persons;
  • Creates the Kirk Bloodsworth Post-Conviction DNA Testing Program and authorizes $25 million over five years to help states pay the costs of post-conviction DNA testing

If you add up the numbers, $755 million goes to test old rape kits looking for a perpetrator while $25 million is allotted to inmates with innocence claims for dna testing. Add to that another $500 million for crime labs, and you have over $1 billion for crime-fighting and victims and $25 million for inmates with innocence claims.

Here's a timeline showing how the bill went from a model one in 2000 to a Republican, watered down version that finally became law in 2004.

As we have said before, there's the official spin and the reality. But, we're not ungrateful.

While this bill is far from what was hoped for and what is needed from an innocence perspective, it's better than no bill at all. I have nothing but praise for Senator Leahy and Congressmen Bill Delahunt and Ray La Hood who fought the Administration long and hard to get as much as they could for those who wrongfully languish in our nations' prisons and on death row. But for their tenacity and dedication, there would be no relief in sight.

I'll address the proposed capital defense lawyer training program in another post, after I've seen President Bush's proposed plan. The provision in the Justice for All Act on the funding calls for equal funding for training prosecutors and defense counsel. [Scroll to Sections 421, 422 and 426.] I wonder why in his speech he made it sound like only defense lawyers would get funding for training?

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    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#1)
    by Talkleft Visitor on Thu Feb 03, 2005 at 06:38:43 AM EST
    Funding DNA work to free wrongfully convicted folks would be a great thing, but like all the AIDS help promised to Africa by Bush a year or two ago, I will wait to see if and when the money actually arrives. Dubya is very accomplished at saying the right thing with his usual staunch belief pattern, but he follows through if and when he wants to.

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#2)
    by Talkleft Visitor on Thu Feb 03, 2005 at 06:40:15 AM EST
    I would gladly settle for $1 to DNA for every $100 to Halliburton over the next few years. Bet it does not happen.

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#3)
    by Talkleft Visitor on Thu Feb 03, 2005 at 08:11:30 AM EST
    too bad there wasn't some kind of test to determine if texas death row inmates were legally retarded! no matter what he says, remember: WE ARE GOING TO MARS!

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#4)
    by Talkleft Visitor on Thu Feb 03, 2005 at 08:41:38 AM EST
    Under the laws of any empire no one is innocent, so as far as Bush and gang care you are all guilty of something, and I.E. it No crime to put you under the total control of our great and freedom loving government. Justice is a joke all over this insane world, and god help you all.

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#5)
    by Talkleft Visitor on Thu Feb 03, 2005 at 08:59:35 AM EST
    the hallmark of the Bush administration I talk the talk but do not walk the walk

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#6)
    by pigwiggle on Thu Feb 03, 2005 at 09:21:17 AM EST
    Correct me if I’m missing something; wouldn’t DNA testing up front reduce the amount of erroneously convicted folks. I see it working like this; old rape kits are tested and several rapists, rapist who are having other people convicted for their crimes, are jailed.

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#7)
    by Talkleft Visitor on Thu Feb 03, 2005 at 10:40:02 AM EST
    TRUST It all comes down to trust. There is no telling what the government could do to make life miserable for those who dissent, IF they have our DNA. PArnoid, yes, but there are so many stories of police departments making stuff up, so if they had our DNA, they could do a lot of damage. I am torn, because it could exonerate a lot of people, and catch the real guilty ones, but at what price?

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#8)
    by Talkleft Visitor on Thu Feb 03, 2005 at 05:49:30 PM EST
    Here is a thought, if no lawyers took death cases, nobody could get the death penalty. It is time to stop tinkering.

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#9)
    by Talkleft Visitor on Thu Feb 03, 2005 at 06:08:02 PM EST
    WILL SOMEBODY START THE IMPEACHMENT PROCESS ALREADY!!!!!!!

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#10)
    by Talkleft Visitor on Thu Feb 03, 2005 at 08:21:55 PM EST
    [caps comment deleted. Caps are shouting. Feel free to repost politely]

    Re: Bush Invokes DNA Testing for the Innocent (none / 0) (#11)
    by Talkleft Visitor on Fri Feb 04, 2005 at 07:57:37 AM EST
    my son was falsely accused of rape a couple of years ago, before the case ever made it to court, the two young ladies recanted and said they made it up because my son bragged about how anyone could have had sex with them at a particular party. There was no physical evidence other than one of the "raped" girls was found to be a virgin during her rape test at the hospital. While he was in jail with no counsel and hadn't been able to reach us, they took blood for DNA from him. He has never been arrested for anything before or after this false report. His case was dropped when the girls admitted they made it up. We haven't found a way to get his DNA out of the criminal database.