Nudity Laws Under Fire in Colorado
The American Civil Liberties Union plans to lobby for changes to Colorado nudity laws, reports ABC News in Denver .
Join the discussion below, or Read more at Carnal Nation.
#1 Aug 18, 2009
18-1-1106. Defendant request for disposition of or waiver of preservation of DNA evidence - procedures.(1) In a case described in section 18-1-1102 (1), a defendant may petition the court on his or her own behalf for the disposal of DNA evidence in his or her case. The defendant shall provide a copy of the petition to the district attorney, who may join with or object to the defendant's petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply. By filing a petition for disposition of DNA evidence, the defendant waives any right to preservation of that evidence under this part 11. However, a defendant may not be compelled to file a motion under this section in order to obtain a plea or sentence agreement.
(2) In a case described in section 18-1-1102 (1), a defendant may waive his or her right to preservation of DNA evidence under this part 11 at any stage of the proceeding by making a knowing and voluntary waiver. A waiver executed as a part of a plea bargain or sentencing agreement shall be voluntarily agreed to by all parties and shall include a written list describing all evidence to be disposed of.
#2 Aug 18, 2009
So does this mean a rapist who is caught red handed in one situation can make a deal, accept a set sentence and NOT have his DNA put into the database that could identify him as guilty in other cases?
While it may save the local community the cost of further investigations and court time, does it really serve the cause of justice?
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