by Ross Voorhees

Created on: March 29, 2010   Last Updated: March 31, 2010

"With Liberty and Justice for All." These are the closing words of our pledge of allegiance...one of the first governmental precepts we teach our children. Our pledge seeks to describe the fundamental principles of our Constitution and Bill of Rights, and serves as a quick reminder of what we stand for.

The rights of freedom and a just outcome in legal proceedings should be of prime importance, especially in death penalty cases, regardless of which side of the debate a person stands.

Unfortunately, our legal system has evolved to a point where the preservation of the legal system has become paramount, and hence, many people are convicted of a crime when DNA evidence could otherwise exonerate them.

Getting a DNA test for proof of commission of a crime should be a fundamental right of all citizens, and the results should be just cause for immediate dismissal of criminal charges, especially in the case where the death penalty is ruled as punishment for the crime.

This would not only assure that no innocent person is ever put to death, but also that, hopefully, no guilty party gets away with a heinous crime because an innocent person is inadvertantly held accountable.

Any miscarriage of justice should be of ultimate importance to both the prosecution and defense, not the preservation of the way in which we charge and convict individuals, yet our legal system, even in the face of compelling evidence which would warrant at least a retrial, often looks the other way when potential exonerating evidence is presented.

DNA evidence, on the other hand, is irrefutable evidence in many cases, and yet it takes a Supreme Court ruling in order to overturn a death penalty case. Whatever happened to common sense? Isn't it amazing that the common man can say "what the heck... what would it hurt to give this guy a DNA test and be sure rather than sorry...", yet our court system takes a plethora of hearings and procedural presentations to even 'consider' a possible DNA test.

Unfortunately, it seems sometimes that common sense takes a back seat to common law, and a conviction based upon a jury's finding of guilt beyond a reasonable doubt will stand up against a valid challenge of possible innocence by DNA evidence.

This is the way our system of justice works, but that does not mean that justice is always served. Regardless of which side of the debate you stand on, it is in your own best interest to make DNA testing mandatory after a conviction that results in the death penalty. Would you want anything less than this for yourself or a loved one?

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