Post-Conviction DNA Testing in Death Row: A Constitutional Argument Under the Due Process Framework

Authors

Chi-Hsin Esther Engehart, Benjamin N. Cardozo School of Law

Abstract

The note argues that post-conviction DNA testing in death row cases should be recognized as a constitutional right under the procedural due process framework of the Fourteenth Amendment. It contends that the current reliance on the Eighth Amendment, which focuses on the morality and arbitrariness of the death penalty, fails to adequately address the critical issue of conviction accuracy. By applying the Mathews v. Eldridge balancing test, the note proposes that death row inmates should have a procedural due process right to DNA testing to ensure the accuracy of their convictions before execution.

Disciplines

Law | Legal Remedies

Recommended Citation

Chi-Hsin E. Engehart, Post-Conviction DNA Testing in Death Row: A Constitutional Argument Under the Due Process Framework, 27 Cardozo J. Equal Rts. & Soc. Just. 111 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol27/iss1/8