Coming
in September
From AK Press
Featuring Essays by:
Edward Said, Robert Fisk, Michael Neumann, Shahid Alam, Alexander
Cockburn, Uri Avnery, Bill and Kathy Christison and More
Today's
Stories
August
11, 2003
Uri
Avnery
Who Will Save Abu Mazen?
Recent
Stories
Alexander
Cockburn
California's Glorious Recall!
Saul
Landau
Bush and King Henry
Gary
Leupp
On Terrorism, Methodism, "Wahhabism"
and the Censored 9/11 Report
Paul de
Rooij
The Parade of the Body Bags
Michael
Egan
History and the Tragedy of American Diplomacy
Rob Eshelman
A Home of Our Own
Daoud
Kuttab
Life as an ID Card
Philip
Agee
Terror and Civil Society: Instruments of US Policy in Cuba
Jeffrey
St. Clair
Marc Racicot: Bush's Main Man
Walt Brasch
Schwarzenegger, "Hollyweird"
and the Rigtheous Right
Christopher
Brauchli
Bush, Bribery and Berlusconi
Josh Frank
Mean, Mean Howard Dean
Elaine
Cassel
Will the Death Penalty Ever Die?
Sean Carter
Total Recall
Poets'
Basement
Hamod, Engel, Albert
August
8, 2003
John
Chuckman
What the US Says Goes
Roberto
Barreto
Defend the Vieques 12!
Bruce Gagnon
Iraq War Emboldens Bush Space Plans
Elaine
Cassel
The Reign of John Ashcroft
Dave
Lindorff
Snoops Night Out
Website
of the Day
Zero Boy
August
7, 2003
M.
Shahid Alam
It the US a "Terrorist Magnet?"
Toni
Solo
Neo-liberal Nicaragua: a New Banana
Republic
Adam Lebowitz
Hiroshima Commemorated: the View from Japan
Hanan
Ashrawi
When the Bully Whines
Niranjan
Ramakrishnan
Conscience Takes a Holiday
Jason
Leopold
Wolfowitz Lets Slip: Iraq Not Behind 9/11; No Ties to Al-Qaeda
Mike Kimaid
What's the Score?
Elaine
Cassel
The Smell of VICTORY: Ashcroft's Latest Stinkbomb
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
August 6, 2003
Steve
Higgs
Going to Jail for the Cause: It's Not
Easy Confronting King Coal
David
Krieger
Remembering Hiroshima and Nagasaki
Robert
Fisk
The Ghosts of Uday and Qusay
Christopher
Brauchli
Bush's War on the National Forests
Elaine
Cassel
No Fly Lists
Stan
Goff
Military Equipment and Pneumonia
Hugh Sansom
An Open Letter to Nicholas Kristof on the Nuking of Japan
August
5, 2003
Uri
Avnery
The Prisoner of Ramallah: Arafat at
74
Forrest
Hylton
Terrorism and Political Trials: the
View from Bolivia
Ray
McGovern
"We Cook Estimates to Go"
David
Morse
Poindexter's Gambit
Edward
Said
Orientallism: 25 Years Later
George
W. Bush
My Darn Good Resumé
Hammond
Guthrie
It's Incremental, Watson!
Website
of the Day
National Prayer Day
August 4, 2003
Bruce
K. Gagnon
Another Peace Activist Detained by
Airport Cops: My Story
David
Lindorff
Fear-Mongering About Social Security
Mark
Zepezauer
George F. Will: Descent into Self-Parody
James
Plummer
Tracking You Through the Mail
Mickey
Z.
Marriage Insecurity from Sharon to Bush
Bruce
Jackson
News that Isn't News: How the NYT's
Pimps for the White House
August
2 / 3, 2003
Tamara
R. Piety
Nike's Full Court Press Breaks Down
Francis
Boyle
My Alma Mater, the University of Chicago, is a Moral Cesspool
David
Vest
Sons of Paleface: Pictures from Death's Other Side
Neve Gordon
Nightlife in Jerusalem
Uri
Avnery
Their Master's Voice:
Bush, Blair and Intelligence Snafus
Robert
Fisk
Paternalistic Democracy for Iraq
Jerry
Kroth
Israel, Yellowcake and the Media
Noah Leavitt
What's Driving the Liberian Bloodbath: Is the US Obligated to
Intervene?
Saul
Landau
The Film Industry: Business and Ideology
Ron Jacobs
One Big Prison Yard: the Meaning of George Jackson
Thomas
Croft
In the Deep, Deep Rough: Reflections on Augusta
Amadi Ajamu
Def Sham: Russell Simmons New Black Leader?
Poets'
Basement
Vega, Witherup, Albert and Fleming
August
1, 2003
Joanne
Mariner
Stopping Prison Rape
Alex Coolman
Who Moved My Soap: Trivializing
Prison Rape
Steve
J.B.
Prison Bitch
Stan Goff
Injury and Decorum: The Missing Wounded in Iraq
Wayne
Madsen
Europe Unplugs from the Matrix
Robert
Fisk
Wolfowitz the Censor
Elaine
Cassel
Ashcroft Loses Big in Puerto Rico
Website
of the Day
Stop Prisoner Rape
July
31, 2003
Ray
McGovern
The Prostitution of Intelligence
Brian
Cloughley
Wolfowitz's Operative Statement
Sheldon
Hull
The RIAA's Jihad:
The Devil's Music (Industry)
Elaine
Cassel
The Next Time You Crack a Lawyer Joke, Think of These Attorneys
Sheldon
Rampton
and John Stauber
True Lies: Propaganda and Bush's
Wars
Hammond
Guthrie
Speculation Blues
Website
of the Day
Army of One?
Congratulations
to CounterPuncher Gilad Atzmon! BBC Names EXILE Top Jazz CD
July
30, 2003
David
Lindorff
Poindexter the Terror Bookie
Marjorie
Cohn
Why Iraq and Afghanistan? It's About
the Oil
Elaine
Cassel
How Ashcroft Coerces Guilty Pleas
in Terror Cases
Zvi
Bar'el
The Hidden Costs of the Iraq War
Lisa Walsh
Thomas
Killing Mustafa Hussein: Death of a Child, Birth of a Legend?
Sean
Carter
Pat Robertson's Prayer Jihad: God, Sodomy and the Supremes
ND Jayaprakash
India and Ariel Sharon
Steve
Perry
Bush's Top 40 Lies
Standard
Schaefer
Correction about Bloomberg and Outscourcing
Website
of the Day
Bring Them Home Now!
Hot Stories
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
Elaine
Cassel
Civil Liberties
Watch
Michel
Guerrin
Embedded Photographer Says: "I
Saw Marines Kill Civilians"
Uzma
Aslam Khan
The Unbearably Grim Aftermath of War:
What America Says Does Not Go
Paul de Rooij
Arrogant
Propaganda
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click Here
for More Stories.
|
August
11, 2003
The Unfair Use of
DNA
Booking
the Code
By ELAINE CASSEL
Not content to solve the crimes being perpetrated
in the here and now, New York City prosecutors announced that
they will begin seeking indictments against DNA sequences found
at crime scenes. Then, using tens of thousands of DNA samples
taken from convicted felons, police will try to match the DNA
of the convicts with DNA evidence taken from victims or crime
scenes.
The stautute of limitations--the time
within which felony prosecutions must be brought--is 10 years
in New York. By seeking grand jury indictments against DNA,
the statute of limitations will be "tolled," or stopped.
At this moment in history, people tend
to think of DNA evidence as infallible. Like the fingerprints
of yesterday, which current scientific evidence is proving to
be less than the unassailable proof jurors have been led to
believe it is, there is DNA evidence and there is DNA evidence.
The "proof" that is DNA depends on the quality of
the sample and the expertise--and honesty--of the scientists
performing the analysis. Last year we learned of at least two
state forensic examiners who testified falsely about DNA analyses
(saying there was a match when they knew there was none) or
who conducted and interpreted DNA analyses without the requisite
degree of skill and training. Innocent people were convicted
based on their flawed testimony. Some may have been executed.
But there is a bigger problem with this
plan. There is a reason for statutes of limitations. The longer
a case goes without being heard, the less likely victims and
witnesses will have an accurate recall of alleged crimes. Memories
will also have faded for the accused and their burden of producing
evidence to disprove their guilt (I hope none of my readers
persist in believing in the presumption of innocence) will be
insurmountable. How well do you remember what you did on any
day or night 10 years ago? Actually, the case could be brought
to trial 20, 30, 40 years from now under the prosecutor's plans.
Lawrence S. Goldman, the past president
of the National Association of Criminal Defense Lawyers, said
that with the passage of time, it becomes harder and harder
to defend against criminal cases. "It is extremely difficult
to defend a crime after many years," he said. "I would
rather the city spend its efforts on people who are sitting
in prison and make sure the DNA matches," he said.
Why is it that it is so hard to get a
DNA test for a man on death row and so easy to get an indictment
of a DNA sample? Because the American system of criminal injustice
is far more interested in convicting someone-- guilty or not--than
in sparing the life of one person wrongfully convicted.
The criminal system is already a disgrace
in its politically correct promotion of victim's "rights"
at the expense of defendants' Constitutional guarantees and
fairness. The Supreme Court has said repeatedly that it does
not care that innocent people may be convicted. But that does
not mean that states need to follow that despicable principle.
Some day, some state could do the right
thing. It is not likely to be New York.
Elaine Cassel
practices law in Virginia and the District of Columbia, teachers
law and psychology, and follows the Bush regime's dismantling
of the Constitution at Civil
Liberties Watch. She can be reached at: ecassel1@cox.net
Weekend
Edition Features for August 9 / 10, 2003
Alexander
Cockburn
California's Glorious Recall!
Saul
Landau
Bush and King Henry
Gary
Leupp
On Terrorism, Methodism, "Wahhabism"
and the Censored 9/11 Report
Paul de
Rooij
The Parade of the Body Bags
Michael
Egan
History and the Tragedy of American Diplomacy
Rob Eshelman
A Home of Our Own
Daoud
Kuttab
Life as an ID Card
Philip
Agee
Terror and Civil Society: Instruments of US Policy in Cuba
Jeffrey
St. Clair
Marc Racicot: Bush's Main Man
Walt Brasch
Schwarzenegger, "Hollyweird"
and the Rigtheous Right
Christopher
Brauchli
Bush, Bribery and Berlusconi
Josh Frank
Mean, Mean Howard Dean
Elaine
Cassel
Will the Death Penalty Ever Die?
Sean Carter
Total Recall
Poets'
Basement
Hamod, Engel, Albert
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