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Justice Through DNA
Washington Post Editorial
October 7, 2003
A BIPARTISAN group of lawmakers from both houses of Congress unveiled a bill last week that would revive a long-languishing and critically important measure to prevent erroneous convictions in death penalty cases. The Advancing Justice Through DNA Technology Act marries legislation sponsored by Sen. Patrick J. Leahy (D-Vt.) with President Bush's initiative to reduce the backlog of evidence awaiting DNA testing. Though the price of Republican support was to water down the legislation from earlier versions pushed by Mr. Leahy, the bill would be a significant step forward.
The act would ensure that physical evidence in federal criminal cases is preserved and available for post-conviction testing, and would create financial incentives for states to adopt rules on such testing and also improve defense representation in death penalty cases. Assuming adequate funding, these incentives would be powerful. The bill authorizes up to $100 million per year for five years to support capital defense and prosecution alone, for example. States accepting the money would be bound by standards and subject to review by the Justice Department's inspector general. For states that opt in, the bill would mean fewer wrongful convictions in death penalty cases and fewer obstacles in the way of convicts' using DNA to correct errors when they do happen.
Unlike previous versions of the bill, this one is all carrot and no stick. A state willing to forgo the new money could do so and continue providing, say, drug-addicted lawyers or attorneys apt to fall asleep on the job to those it means to execute. This risk will be particularly acute if the bill is not fully funded and the incentive for states to participate diminishes. We worry as well that the states most in need of reform are least likely to subject themselves to federal oversight. Still, there is apparently no prospect of passing reforms that are more than voluntary grant programs -- much less of capital punishment's abolition, which we favor. At a time when Congress has been expanding the federal death penalty, the current bill would represent a genuine breakthrough if passed. It would mean recognition by Congress that America's death penalty poses unacceptable risks to innocent people, and a start at lessening those risks.
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National Association of Criminal Defense Lawyers (NACDL)
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