In my opinion the only thing worse than a criminal getting away with a violent crime is an innocent person being convicted of one, and it happens far more often than most people realize. Thanks to advanced DNA testing methods, hundreds of wrongly convicted inmates have been exonerated and released in recent years, and undoubtedly many, many more are praying that their turn will come as well.
Back in the days before reliable DNA testing became available, countless people were convicted primarily based upon eye-witness accounts. But it has become increasingly clear thanks to the results of several independent studies on eyewitness credibility as well as the sheer number of convictions being overturned after DNA testing that eyewitness accounts are often simply inaccurate.
The state of Florida has just exonerated and released James Bain, a man who was convicted of brutally raping a young boy and sentenced to life in prison even though his twin sister testified that he was at home watching television right beside her during the time the crime was being committed. Although there was no direct physical evidence linking Bain to the crime and evidence of police misconduct during the trial, the prosecutor forged ahead anyway. Bain was ultimately convicted based almost entirely upon questionable testimony by the victim.
But now justice has prevailed although it took 35 years and the birth of a new technology to make it happen. Mr. Bain had requested DNA testing several times before, and each time it had been denied. His lawyers eventually found a judge who agreed to order the testing, and the rest is history.
When asked if he was bitter about being falsely convicted and incarcerated for three and a half decades, Mr. Bain replied “No, I’m not angry, because I’ve got God.” What he will also have is a cool $1.75 million ($50,000 per year of incarceration) as compensation for his time spent behind bars. In my opinion that amount is way too low.
While I’m certainly not one to believe in treating criminals with kids gloves, I do believe that every inmate serving time for a violent crime should receive the benefit of DNA testing if it is requested (as long as the test can reasonably be expected to prove guilt or innocence of the crime). They shouldn’t have to jump through hoops or beg, it should be automatic.
Sure, such a policy would be expensive, but our criminal justice system was founded upon the principle that it’s far better to see a guilty person go free than an innocent one convicted. With advanced DNA testing so reliable and readily available, allowing an innocent person to languish behind bars is simply immoral.