Supremes nix right to DNA testing for convicts

Join Our Community of Science Lovers!

This article was published in Scientific American’s former blog network and reflects the views of the author, not necessarily those of Scientific American



On supporting science journalism

If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.


Prisoners have no constitutional right to DNA testing to challenge their convictions, the Supreme Court ruled today in a 5 to 4 vote.

The majority seemed concerned that requests for testing would overwhelm—and possibly undermine—the courts. "The availability of new DNA testing, however, cannot mean that every criminal conviction, or even every conviction involving biological evidence, is suddenly in doubt," wrote Chief Justice John G. Roberts, Jr. in the majority opinion.

The power of DNA testing to overturn convictions is clear. DNA testing of biological traces—blood, hair, semen—has exonerated 238 people in the past 17 years, The New York Times reports.

The case before the court involved William Osborne, a convicted rapist in Alaska, who had sought post-conviction testing after deciding against a test in the original trial. Alaska law doesn’t make such testing available to at least some inmates, unlike the vast majority of states.

"There is no question that a small group of innocent people—and it is a small group—will languish in prison because they can't get access to the evidence," Peter Neufeld, a co-founder of the Innocence Project, told the Associated Press.

Although romanticized in popular crime shows, forensics has been criticized for flubbing procedures and overstating conclusions of murky analysis—from fingerprinting to fiber matching. A report released earlier this year by the National Academy of Sciences pinpointed nuclear DNA analysis the most objective, reliable tool for matching criminals to crime scenes.

Read more about how DNA testing is done.

Image courtesy of blmurch via Flickr

It’s Time to Stand Up for Science

If you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.

I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.

If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.

In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.

There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.

Thank you,

David M. Ewalt, Editor in Chief, Scientific American

Subscribe