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  1. US government   

    QUESTION

    In your opinion, should the U.S. government law enforcement personnel be permitted to arrest terrorists who commit crimes against Americans in other countries? Or those terrorists (coconspirator or leader) who commit crimes against Americans within the United States, but who remain physically outside of the United States?
    In your opinion, should the U.S. government have jurisdiction over cybercrimes that affect U.S. interests within the United States when the offender commits his or her crimes outside the U.S. borders via the Internet?
    In your opinion, should the U.S. federal and state governments be required to examine DNA evidence in all closed capital offense crimes where the offender was convicted prior to the discovery of a process to examine DNA?

 

Subject Law and governance Pages 3 Style APA

Answer

Capital Felonies and DNA Examination

I believe that the American federal and state governments should allow the testing of DNA in all the capital felonies in cases that the criminal was declared guilty earlier to the detection of a procedure to DNA examination. DNA testing and analysis are important and can be realized from judicial viewpoints. This is because the DNA examination has the potential to exculpate the offender of the misconduct (De, 2003). It will give the required means to assist States to examine the DNA evidence from crime scenes and sentenced criminals, and carry out a post-conviction analysis. The proof of DNA testing can promote a realistic uncertainty that validates repealing the verdict without decisively attesting innocence.

Progressive DNA examination amends the fair application of the capital felonies. Although judicious individuals may dissent concerning the capital penalty, it is unquestionable that advanced DNA analysis supports and gives trustworthiness to the truth and honesty of capital rulings (Aronson, & Cole, 2009). Concisely, the federal and state governments are in a better place to confirm that only the guilty criminals are put to death. All the Americans, who are opposing or supporters of capital punishment similarly, need to know that DNA examination offers great protection in capital suits.

The legal challenge of this DNA examination is direct. According to the Central and State regulation, obtaining DNA tests and fresh hearings concerning outcomes of the analysis, due to time restrictions on presenting afresh discovered proof (De, 2003). The time restrictions are because the evidence turns out to be less consistent because of the elapsed time. Time restrictions on guiding exposed proof must not hinder post DNA analysis on applicable court cases since DNA examination offers precise results on genetic proof after many years.  Moreover, after post examination is done, the outcomes will be viewed as freshly exposed proof in established models and techniques. If post-conviction analysis gives justificatory proof, the perpetrator must be permitted to start the trial again, regardless of time constraints on the motions pertinent to different methods of disclosed proof (Kramer, 2011).

For convicts the most significant hindrance to DNA examination is that the administration decline to allow them to have the evidence verified through modern DNA analysis techniques, opposing that this would revive many old suits (Kramer, 2011). Perhaps they are afraid that unlawful views would expose the several mistakes of the criminal justice structure and influence the growing demand for a recess in killings until people can be assured it is appropriately and justly implemented. I support the death penalty; however, I believe it needs to be applied on definite proof of guilt; the misconduct itself is so monstrous or debauched that it permits the decisive approval; and, there is no reliable and considerable proof of favoritism

 

References

Aronson, J. D., & Cole, S. A. (January 01, 2009). Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States. Law & Social Inquiry, 34, 3, 603-633.

De, A. A. P. (2003). Capital Punishment and DNA Testing, Final Product. United States.

Kramer, M. H. (2011). The ethics of capital punishment: A philosophical investigation of evil and its consequences. Oxford: Oxford University Press.

 

 

 

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