"Justice"; In The "Wild West" Bush-Years

[Mr. Shaman]

"I always give `em a fair trial before I hang `em." - Judge Roy Bean​

It appears the Glory Days (of "conservative-justice") could be on-the-wane...​

"Attorney General Eric H. Holder Jr. has ordered a review of a little-known Bush administration policy requiring some defendants to waive their right to DNA testinghttp://www.washingtonpost.com/wp-dyn/content/article/2009/10/10/AR2009101002348.html?hpid=topnews even though that right is guaranteed in a landmark federal law, officials said.

The practice of using DNA waivers began several years ago as a response to the Innocence Protection Act of 2004, which allowed federal inmates to seek post-conviction DNA tests to prove their innocence. More than 240 wrongly convicted people have been exonerated by such tests, including 17 on death row.

The waivers are filed only in guilty pleas and bar defendants from ever requesting DNA testing, even if new evidence emerges. Prosecutors who use them, including some of the nation's most prominent U.S. attorneys, say people who have admitted guilt should not be able to file frivolous petitions for testing.

Defense lawyers who have worked on DNA appeals strongly oppose the waivers, saying that innocent people sometimes plead guilty -- mainly to get lighter sentences -- and that denying them the ability to prove their innocence violates a fundamental right. One quarter of the 243 people exonerated by DNA had falsely confessed to crimes they didn't commit, and 16 of them pleaded guilty."

The Innocence Protection Act of 2004​

"The applicant has 5 years after enactment of this provision or 3 years after conviction, whichever comes later, to apply for DNA testing. After that time, an inmate’s application for testing will not be considered unless he or she can show a good reason for failing to apply earlier. The court may appoint counsel for an indigent applicant.

In capital cases, testing must be completed within 60 days after the government responds to the application.

If a defendant is imprisoned for the offense, this subtitle also prohibits the government from destroying biological evidence that was secured in the investigation or prosecution of a federal offense unless the defendant did not file a motion for testing after being notified that the evidence may be destroyed, a court denied a motion for testing, or the evidence has already been tested and showed the defendant as a source of the DNA."

Yeah, "conservatives"...this also applies to non-Whites....​