A new trial - no longer from a preponderance of the evidence?
AMENDMENT PURPOSE: An amendment numbered one printed in House Report 108-737 to allow a victim a right to bring a motion to enforce the right to be heard in plea and sentence and also allows a victim to be heard at a parole proceeding. Amendment allows for a five year time period to file a motion for a DNA test and then provides for a rebuttable presumption against the test after that. Amendment changes the standard for getting a new trial from a "preponderance of the evidence" standard to a "compelling evidence" standard. Amendment reduces the amount authorized for capital representation and prosecution grants by $25 million and limits the amount that may be used for training and effective systems at the appellate level. The amendment increases the penalties for misuse of DNA samples.
H.AMDT.781 (A001) Amends: H.R.5107 Sponsor: Rep Sensenbrenner, F. James, Jr. (offered 10/6/2004)
10/6/2004 12:08pm: Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H8195-8204; text: CR H8195-8203) 10/6/2004 12:18pm: On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
3. What we need now is for us to be on top of all this daily
here at DU. Every little thing we should hammer away on. They may hide things, and the main stream may downplay them, but if we get cranking along and read every single bill/amendment/et al we can catch em when they pull slick crap.
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