DNA Case Before The Supreme Court

Today , The U.S. Supreme Court heard arguments about DNA evidence and a rape case settled long ago. The issue is whether a defendant can obtain DNA evidence long after the case was tried. The defendant was convicted for rape years ago. The jury heard evidence from the victim identifying the suspect and DNA evidence which was not as accurate as it is today. The defendant wants to test the DNA under the new technology . However, Alaska refuses to allow him to test the DNA evidence. Thirty-one other states have joined in to support the State of Alaska's position. Interestingly, several victim's rights groups have weighed in support of additionally DNA testing. I heard an interview on NPR this morning that one rape victim who made a positive identification that resulted in a conviction which was later set aside by DNA evidence supported the defendant's request. The argument she made was the victim should know as well. I predict the Supreme court denies his request bases upon the passage of time.

Punishment in Child Sex Cases

In child sex abuse cases , the punishment is severe if you are convicted. One issue is consecutive sentencing. If one is convicted of more than one child sex charge , the court may impose consecutive sentences. Consecutive sentences is where one serves one sentence after the other. Tennessee Code Annotated section 40-35-115(5) provides the court under which circumstances that consecutive sentences may apply. One key factor is the extent of residual , physical , and mental damage to the victim.