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DNA Data Banks: Infringement on Defendants

DNA Data Banks: Infringement on Defendants' Rights or Improvement of Justice System?

Over the past decade, DNA technology has revolutionized the criminal justice system. In countless cases DNA results have served to identify suspects, convict the guilty, and bring solace to many victims. In several cases DNA examinations have exonerated the innocent, at times, after years of unjust imprisonment. DNA technology has also been used to identify human remains from mass disasters, such as the one experienced by the United States of America on September 11, 2001. There are many arguments for and against the use of DNA data banks. Privacy advocates state that DNA data banks may threaten an individuals' rights of privacy due to misuse and unlawful dissemination of DNA information. On the other hand, convicted felons feel that the forcible collection of genetic samples violates their protection against unreasonable search and seizure under the Fourth Amendment. After researching the validity of these arguments, I feel neither is the case. A comprehensive DNA data bank, that includes all citizens of the United States., makes sense and would treat all citizens equally, unlike current laws that often give authorities discretion


DNA data banks store and maintain DNA profiles. These profiles are built from biological evidence either collected from an individual or left at a scene. Stringent guidelines have been put in place to monitor DNA data banks and the use of this stored information. In 1990, the FBI established what is now known as CODIS, which is the Combined DNA Index System. This system connects individual states to one main system through which DNA can be searched throughout the United States. With the establishment of CODIS, the federal government awarded the necessary funds to individual states to establish their own data banks. Each participating state passed laws requiring the collection of DNA samples from convicted sex offenders. As time has progressed, some states have passed additional laws that allow for the collection of DNA samples from all classes of felons, as well as misdemeanor crimes (Congressional Statement, May 14, 2002).

Less than one year ago, a 20 year old crime was solved because of modern DNA testing, which subsequently led to the arrest of Gary Leon Ridgway, better known as the "Green River Killer". Between the years 1982 and 1984, forty-nine women had been murdered by strangulation and found by a river near Seattle, Washington called Green River. From early on in the investigation Ridgway was one of the top five suspects and had been questioned several times by investigators, but they had no evidence to prove he was involved in the murders at that time (Washington News 12/01/2002).

to test some individuals but not others. DNA is a very powerful biological tool that can be of great benefit to our society. Those individuals who are concerned about the dangers lurking in DNA data banks should educate themselves more thoroughly on the subject matter and focus on all the good that can come from the establishment of these data banks.

In 1994, due to advancements in the technology of DNA, congress passed the DNA Identification Act. This act required the Director of the FBI empanel a representative body to recommend quality assurance standards for forensic DNA testing laboratories. This representative body consisted of a group of federal, state and local forensic scientists, known as the Technical Working Group on DNA Analysis Methods or TWGDAM (now known as the Scientific Working Group on DNA analysis methods or SWGDAM). This working group has developed the guidelines for a quality assurance program that has been adopted by virtually every laboratory performing forensic DNA analysis, becoming de facto national guidelines (Congressional Statement - 2002 - The FBI's CODIS Program).



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Approximate Word count = 2282
Approximate Pages = 9 (250 words per page double spaced)


  

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