From the local news:
"A controversial new law that allows police to collect DNA from people arrested for violent felonies and some misdemeanors is in effect as of today. Sheriff's offices and police departments across North Carolina will begin gathering DNA by collecting cells from inside their cheeks while they're in custody. The State Bureau of Investigation will add the DNA samples to state and national databases to search for matches with DNA from previous crimes. If an arrestee isn't convicted or the case is dismissed, the sample can be removed if the person petitions the courts. The new law requires DNA from people charged with violent crimes including murder, rape and robbery, and also charged with lesser crimes such as cyberstalking. Federal courts have ruled the practice is constitutional, equating it to fingerprinting. N.C. Attorney General Roy Cooper said the new practice will enable North Carolina's law enforcement agencies to solve and prevent more crimes, but defense attorneys and civil liberties proponents say the law violates privacy rights guaranteed in the Fourth Amendment, which protects against unreasonable searches and seizures."
The law says the DNA will be destroyed if someone is not convicted, but only if the person petititions the courts.
Great.
So if you are arrested in North Carolina for certain crimes, part of your intimate person is seized by the state government even without a conviction. And the only way to get it back is to spend your hard earned money in the courts, even if you've done nothing wrong.
http://goblueridge.net/index.php?option=com_content&view=article&id=11165:dna-qfingerprintingq-law-starts-today&catid=1
How is this any different than police taking fingerprints? Wouldn't fingerprints like DNA samples violate the "constitutional right to privacy" which says that there exists "a sphere of intimate personal conduct that is immune from Leg. interference." e.g., sex, reproduction, family life ect... Just wondering.
ReplyDeleteI was going to ask the same thing as Landon. As far as I know (although I could be wrong) fingerprints are taken upon arrest during the booking process. I don't really see the difference in keeping a person's fingerprint on file versus DNA from the cheek. What I do not agree with is the fact that if your case is dismissed or if you're innocent in the first place you have to petition the courts to remove your file from the database. Ultimately citizens most likely will not have the funds and/or time to follow through with their petitions.
ReplyDeleteAs far as I know, fingerprints, photographs and personal information are collected during the booking process. The collection of DNA samples during the booking process could be a good addition. I would agree that the collection of DNA samples equates to the collection of fingerprints. It could aid investigators in solving previous crimes. They could add more information into the state and national databases. If investigators are able to solve previous crimes committed, then they could possibly prevent future crimes being committed by persons that haven't been apprehended. The negative aspect to the law is, of course, that citizens will have to pay to have their DNA samples removed. This story is relevant to us in North Carolina. I do wonder if any other states will implement this law as well. I'm also curious as to what led to this law being formed in North Carolina. In Chapter 2, it discusses moral panics. Perhaps that could offer some explanations.
ReplyDeleteI also believe that this would be a good addition to the standard booking procedures, but only if there were to be an easier way to have it removed if desired. The decision of whether or not this law will remain the same or even stay on the books will depend a lot on the media I believe. I think that this story will be newsworthy and will draw much attention from the public. But how will the media portray it? Will they show us the good, the bad, and the ugly about this new law or will they only tell us about the good side of this? That will depend largely on how much flak they receive. I think that many people, both in North Carolina and in other states that decide to adopt this rule, will agree with it to an extent, just as myself and the others above my have. We will just have to wait and see what the media says.
ReplyDeleteGood question about and comaprison with fingerprints. The difference is it amounts to a seizure of your personal body
ReplyDelete(it is inside your body and requires a seizure). Fingerprints are part of the
booking process and are outside your body. Still, it is true that fingerprints are
unique to individuals, like DNA.
well i have a brother and a friend in prison for a crime they didnt not DO! im lookin for help for them i dont have no help and no money to get them a lawyer it really hurts us sooo BAD! i know it yes some weres for them in jesuse name!if anyone want to help me they can,,,this is not no GAME!GOD BLESS.. mskittynn@yahoo.com
ReplyDelete