Editorial: DNA tests need force of the law

Friday, March 22, 2002 | 9:20 a.m.

When the value of fingerprinting became known in the 1880s, the technique was integrated into the judicial system. The same with blood typing after the turn of the century. Now we have DNA testing, which has been working its way into the legal system since the 1980s. The Innocence Project, a nonprofit legal clinic co-founded 10 years ago by attorney Barry Scheck, has assisted in the exoneration of 104 people who were serving time for violent crimes. And 26 states now have laws setting the standards for the use of DNA testing results after convictions. We think the 2003 Nevada Legislature should pass a DNA testing law too.

On Monday Scheck advised a legislative panel studying the death penalty to consider a law that would set the standards for post-conviction DNA testing. Under such a law, a convict meeting the law's standards would have the right to avail himself of this technology. It would be especially critical for people imprisoned before the technology was available. Currently, Nevadans behind bars who file requests for DNA testing face an uphill battle and their requests may ultimately be denied, as there is no law laying out a procedure.

While some may see post-conviction DNA testing as Monday-morning quarterbacking, given the preponderance of evidence the jury already has weighed, we see it as necessary to ensure that the convictions were solid. Even if the cost of testing placed extreme strain on judicial budgets, the testing would be worth it. Imprisoning an innocent person is a horror compounded by the fact that the guilty person is still loose, likely to prey again. But DNA tests now cost under $500.

A post-conviction DNA testing law would be a good start to what should be an evolution toward testing in all felony cases where such evidence exists. The Clark and Washoe county sheriff's offices now perform the tests, and expanding their labs to handle more cases would be a small price to pay for a greater level of confidence in the justice system.