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Military DNA Registry Used in Criminal Case

bubblegoose writes "The Reading Eagle has a story about a man sought in a Reading, PA. murder who was arrested Thursday in Puerto Rico. This is the first time anyone has been apprehended in a criminal case based on DNA collected by the military. Apparently the DNA registry has a stringent set of rules that must be met for a blood sample to be released and those were satisfied." The DNA registry catalogs DNA samples from all US armed forces, ostensibly for identifying remains (although if that were the only reason, the samples would be automatically destroyed at the end of the servicemember's contract.)

29 of 418 comments (clear)

  1. So what by Anonymous Coward · · Score: 1, Insightful

    Before you tinfoil-hat wearing conspiracy theorists come out of the woodwork condemning this "violation of privacy", consider that no rules were broken, no constitutional issues are involved, and the system worked as intended.

    Plus, michael is an idiot too.

    1. Re:So what by r_j_prahad · · Score: 3, Insightful

      [...] and the system worked as intended."

      Which system would that be? The system where only the poor do time, and the rich and famous get off scot free? Well then, you're absolutely right.

    2. Re:So what by scalis · · Score: 4, Insightful

      You know, I wont argue that the system hasnt worked as it was intended. Sometimes I just dont like how the system is intended to work.

      --

      True ravers don't need drugs
    3. Re:So what by cK-Gunslinger · · Score: 2, Insightful

      Which system would that be?
      Uh.. I think "the system" of properly going through the correct channels to obtain and use stored DNA samples in order to be presented as evidence in a criminal trial.

      I fail to see the relevence and +insightfulness of your post. Way to go, mods!
  2. Shocking abuse of rights? by lewiz · · Score: 5, Insightful

    I get the impression that people will be entirely up in arms about this. I am all for protecting personal rights but, it is really hard to condemn a case like this, where a man has been brought to justice as a result.
    Of course, there is always the issue of information (in this case DNA) being misabused: for many people this is why this is worrying. I'm sure it might be possible to implicate someone based on the data, but it would surely be very hard?

    However, overall I am for these technologies. They enforce a justice system and have little negative effect (that I am aware of -- if anybody can provide examples, I would be very interested to hear, and possibly change my argument).

    What does look worrying is the suggestion that the Military should destroy the data once the serviceperson has been discharged. If it is not being done (assuming, of course, the serviceperson were told it would be) this is simply wrong.

    Sorry for a rather convoluted argument.

    1. Re:Shocking abuse of rights? by silas_moeckel · · Score: 3, Insightful

      I dont think it's a question of a man being braught to justice as a result of the DNA sample it's about collecting databases of these things. Fingerprints take time to gather and proccess I'm not persoanly a big fan of them in there current form people that are arrested and fingerprinted and go into the system. They have not nessicarily commited a crime just been accused of one. Even if they are release with a sorry it was a mistake sorry to inconvience you they now have a record in the system. If at a later date they happen to commit a crime or have just been a random person at a crime scene they will get pulled in and questioned as a suspect. Thorw this into a system were people confess to things just to stop the harrassment of poliece officers during questioning. And it become the frighning reality that we have now it dossent affect surburbia much so it's allowed.

      Now comes DNA if it becomes easy to process and there are large databases avalible just begging for a court order to get at them say from every paternity test to genetic screening sfor illness that may start becomming more commonplace to simple collecting it from a trash bag on the curb. From this you can extrapalate a different society that crime may be down but if your DNA happens to be found your automaticaly suspect and DNA is not something you can avoid leaving around in public like fingerprints.

      --
      No sir I dont like it.
    2. Re:Shocking abuse of rights? by micromoog · · Score: 5, Insightful
      it is really hard to condemn a case like this, where a man has been brought to justice as a result

      The ends should never be used to justify the means in a question of law. This would make it acceptable to do random searches for no reason, imprison people based on shaky information, bomb countries based on falsified evidence, etc.

      Wait, what country was this in again? Oh, never mind.

    3. Re:Shocking abuse of rights? by Anonymous Coward · · Score: 1, Insightful
      you are 100% wrong.

      your heart is in the right place, but you are confused.

      all of our laws are based on ends justifying means: we have parking tickets because if we did not, all the spots would fill up and there'd be no place to park.

      try this on for size: if humans infallibly turned bright red when they lied, do you think not self incriminating would be protected? why should it be? we protect people from self incrimination because we don't want the police torturing people (the means) in order to get them to confess (ends) because innocent people when tortured (the means) will confess erroneously (the ends). we (in the US) protect people against self incrimination because we think the ends (9 guilty go free to spare one innocent) justify the means (perps that lawyer up)

    4. Re:Shocking abuse of rights? by Swanktastic · · Score: 4, Insightful
      The ends should never be used to justify the means in a question of law.

      Never say never... Of course the ends justify the means sometimes... The Law isn't some magical code of conduct that was handed to us by super-intelligent aliens. It's a system of rules made by mankind to govern mankind. The people who wrote those rules did their best to put in a place a sytem that kept us behaving without making it so burdensome as to piss us off on the enforcement side of the equation... We have a history of changing our enforcement of the law when the situation dictates it. IE suspending writ of habeus corpus during the Civil War. Why? Not because the law must always be rigid, but because sometimes it makes sense to have stricter rules when the very system we hold dear is in jeopardy.

      Every single person on this board would be clamoring for this kind of DNA enforcement if someone close to them was the victim of a severe crime and the evidence was available. Don't get all high and mighty because someday 20 years from now, people will have the theoretical ability to adjust your insurance premiums through DNA testing. Let your kids fight that battle.

    5. Re:Shocking abuse of rights? by Deven · · Score: 2, Insightful

      The ends should never be used to justify the means in a question of law. This would make it acceptable to do random searches for no reason, imprison people based on shaky information, bomb countries based on falsified evidence, etc.

      While I agree that DNA databases are ripe for abuse, this example does not seem particularly abusive. From the article, it sounds like they had probably cause to suspect this individual in this crime, and the DNA match only confirmed their suspicions. That's very different from trolling the DNA database hoping for a blind hit. If the military had refused, chances are that they could have gotten a court order to collect a DNA sample from the suspect anyway, if they had probable cause.

      --

      Deven

      "Simple things should be simple, and complex things should be possible." - Alan Kay

  3. well.... by Anonymous Coward · · Score: 1, Insightful

    Question: Does the database have some law governing it's use after a person's been discharged?

    Answer: No.

    Move along, nothing to see here. No sympathies from me for this asshole.

    1. Re:well.... by andreMA · · Score: 2, Insightful
      the military told soldiers about this when they started doing it.
      Were those who enlisted prior to this given the option to opt-out? Would they hae been courtmartialled if they refused to cooperate with this additional sacrifice of privacy that was not in effect at the time of enlistment? (Anthrax vaccination comes to mind - not as a further sacrifice of privacy beyoond that which was agreed to, though)

      Your use of the ad-hominem "conspiracy theorists" and the implication that anyone who objects must "be a druggie of some sort" further demonstrates that you're unable or unwilling to make a cogent argument. I'm surprised that you played neither the race nor the terroism cards -- equally intellectually dishonest means of attempting to debate an issue.

  4. Never by moehoward · · Score: 4, Insightful

    I would never, ever give a sample for a DNA analysis to anyone but a doctor. And even then, with specific knowledge about the rules and where it was going and for how long. Even then, I make sure that an insurance company never knows anything about it. Never give your SSN to a doctor or insurance company.

    I have and never will submit to drug/alcohol screening for a job or insurance.

    Yes, we got a "good" result in this particular case. But the end does not justify the means.

    --
    "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    1. Re:Never by luugi · · Score: 3, Insightful


      I have and never will submit to drug/alcohol screening for a job or insurance.


      I'm guessing you have a job already.

      --
      Think like a man of action, act like a man of thought.
  5. Fingerprints anyone? by banana+fiend · · Score: 4, Insightful

    This doesn't seem too bad.

    DNA was used in this case to catalogue, not used to identify traits about the person (ostensibly, let's not go all X-files on it) - and only released when there was a criminal investigation.

    As a matter of fact, this all sounds rather grown-up and useful, some static information which is never used until you're accused of a crime, and then only to match you up. I only get worried when it's used to identify your genetic makeup for making decisions on how you live your life (commercial and government).

    This is just like using DNA instead of fingerprints

    --
    Johns: Well, how does it look now? Riddick: Looks clear.
  6. Bond. James Bond. by janda · · Score: 2, Insightful

    Somebody wrote:

    (although if that were the only reason, the samples would be automatically destroyed at the end of the servicemember's contract.)

    Not particularly. If I learned how to fly planes, and a body that looks like mine suddenly shows up in North Korea, it might be nice to have a positive identification.

    Likewise, if I learned how to blow up buildings, assassinate people, build nukes, or a whole host of other things (including how to use a fully-automatic weapon), it might be nice to get a positive ID before you start throwing people in jail.

    --
    Karma: Food Fight (Mostly affected by Date Plate).
  7. 80% justice is better than no justice at all by Anonymous Coward · · Score: 2, Insightful

    I wouldn't say that just because some rich and influencial are able to beat the system we should ignore the ones we can catch.

  8. DNA Misuse by nurb432 · · Score: 3, Insightful

    While many will say 'good, it caught a criminal', what happens when DNA is used to determine 'potential criminal' and they come collect you, just in case.

    Don't laugh, research is being done into this ( even mentioned on here a few times ).

    Now tat you can be arrested for 'potential intent of activity', not much of a stretch to use DNA... Or other such nonsense.

    Soon every baby born will be required to give a sample. ' for their safety of course'.

    Couple that with 24/7 monitoring of the populace.... Lets hear it for lack of privacy. It was nice while it lasted. IM sure our founding fathers are rolling in their graves about now, with what we have allowed to happen to what they created.

    --
    ---- Booth was a patriot ----
  9. How is this different from fingerprinting? by Anomalous+Cowbird · · Score: 3, Insightful
    If this story had been the same, except for the substitution of "fingerprints" for "DNA", no one would be giving it a second thought.

    What's the difference?

  10. Why I _DO_ have a problem with this... by swordgeek · · Score: 2, Insightful

    According to the DoD themselves, "This is a very simple program, solely for the identification of remains."

    They modify this somewhat, with this statement: "People also wonder whether the samples can be used in criminal cases. "The only way that they'd be released is if we had a court order," he said."

    Well in a murder case, a court order to confirm evidence isn't that hard to get, as this trial showed. In other words, the DoD is entirely incorrect about the possible uses for this database.

    Furthermore, this means that any US military personel are being held to a more rigorous evidence screening process than the rest of the population, due to their DNA files. Doesn't this violate the spirit (if not the letter) of everyone being 'equal in the eyes of the law?' Sadly, this leads to the "solution" of making a DNA repository mandatory for the entire population. In other words, being forced to give evidence in advance of any potential wrongdoings. This comes close to not having to incriminate yourself, in my mind.

    Of course, what http://www.cbc.ca/stories/2003/07/18/uk_guantanamo 030718can one expect from a government that's holding nearly 700 people against their will, US law, the laws of the captives' nations, and international law (the Geneva convention)? Did you know that they're building an execution chamber in Guatanamo bay?

    But I digress. We've had fingerprints for a century or so as legally admissable evidence, and there's no mandatory registry for them. Why then does ANY nation need a registry of DNA samples?

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Why I _DO_ have a problem with this... by Anonymous Coward · · Score: 1, Insightful

      Furthermore, this means that any US military personel are being held to a more rigorous evidence screening process than the rest of the population, due spirit (if not the letter) of everyone being 'equal in the eyes of the law?

      Item: The military has had its members' fingerprints on file for a couple of generations now, unlike the general population, so that's not new. And when you join the military, you give up some of your rights, goes with the territory.

      Of course, what http://www.cbc.ca/stories/2003/07/18/uk_guantanamo 030718 can one expect from a government that's holding nearly 700 people against their will, US law, the laws of the captives' nations, and international law (the Geneva convention)?

      1. How many imprisioned criminals do you think are being held willingly? 2. Try reading the Geneva convention, etc. They're illegal combatents, the Geneva convention gives them no protection. Being engaged in acts of war against the U.S., U.S. civil and criminal law does not apply, they're a military problem, not a law enforcement problem.

  11. Re:Everyone should have their DNA on file. by chriso11 · · Score: 3, Insightful

    You remind me of this. And maybe everyone should walk around with a GPS recorder everyday, so that we know where you went. Oh - you're opposed? You must have something to hide! Are you a terrorist?

    As the police rely on DNA more and more, they stop performing thorough criminal investigations. And it is a slippery slope: do you start using DNA evidence to catch the guy who's only crime was to spit gum on the street? If this doesn't give you pause, then I hope you enjoy the fruits of such an environment.

    --
    No, I don't trust in god. He'll have to pay up front, like everybody else.
  12. Info never destroyed by mariox19 · · Score: 5, Insightful

    Don't expect the government to destroy any information once collected. There is a registry in the US for people purchasing long guns (shotguns and rifles). It's used to perform a background check, and names on it are only supposed to be kept -- by law -- for a limited time (I believe 6 months). However, names are never taken off the list.

    Political conditions change: that's why the wise worry about government lists. It's all warm and fuzzy when we talk about catching crooks, and most people in the US would find the notion of not trusting their goverment a crack-pot idea. What they never dream of happening is political conditions changing drastically within the space of a couple of years because of some "crisis."

    When that happens, it suddenly becomes a very big deal what kind of information the government has been trusted with -- and by then it's too late.

    It's sort of like trusting your neighbor with your house key while you go away on business for six months; only, while away, the neighbor dies and his heroin addict son gets a hold of the key (the black sheep of the family whom they never talk about). What do you think happens then?

    Go ahead, trust the government without reservation! But, Washington, Jefferson, et al, understood why such trust is foolish.

    --

    quiquid id est, timeo puellas et oscula dantes.

  13. Hey, look, NOT a conspiracy theorist... by MmmmAqua · · Score: 5, Insightful

    As someone who has his DNA tucked away in the big freezer, I just want to say that I find this comforting. I'll explain, and my explanation can be summed up in two words: unknown soldier.

    I'm in a dangerous occupation (19D, Cavalry Scout), in a dirty, dangerous branch (Army) of the military, and I'll be getting a desert vacation for six to twelve months to go police some big chunk of sand in the middle east next year. I'm sure all the airmen, sailors, radio repairmen, hospital techs, and janitors in the service will be up in arms about the government keeping their precious DNA on file, but as one of the low-brows who stands a bigger chance of not coming home than they do - I'm perfectly happy to let Uncle Sam keep two drops of my blood in a freezer.

    How easy do you think it will be to identify my remains without a DNA sample if I'm in a convoy that gets ambushed and I get hit by an RPG in the face, and the TOWs in the back of my HMMWV blow up? Not very easy - especially if they don't find the remains for a few years. But, oh, no, it's absolutely evil for the DoD to keep some material on file that would help identify me in that case.

    Jesus, grow up, people. Not everyone whose service contract has ended is around to ask for their sample to be destroyed.

    --
    Arr! The laws of physics be a harsh mistress!
  14. how is this different from a finger print. by Brigadier · · Score: 3, Insightful



    I see no difference between this and your fingerprint. It's your personal identity based on your unique physiological characteristics. When I received a passport/drivers license it went on record. Also to my knowledge when has the military ever respected service men/women?s rights. My friend has been out of the navy for over a year and they still have the right to recall his ass.

    1. Re:how is this different from a finger print. by Qzukk · · Score: 4, Insightful

      I see no difference between this and your fingerprint.

      Its difficult for me to plant your fingerprint. I would have to somehow convince you to touch either a soft moulding material, or collect a fingerprint which I could then somehow etch into a moulding material. (There was a CSI episode about this...)

      Its trivial for me to plant your DNA. I could just go anywhere you've been and pick up saliva from dinnerware or cigarette butts, or if you have readily visible hair, lost strands of hair. Granted, this wouldn't be much material, but I could gather more in a casual meeting. I could be walking down the street with an armload of wood or something and just accidentially bump into you and manage to draw blood. Sure, you would quickly remember that I cut you, but it wouldn't help you before the cops came to arrest you.

      In the end, I feel that can trust DNA when its being used as a "final nail in the coffin" type of evidence in a case. When its the only evidence though, thats when I start to wonder.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:how is this different from a finger print. by Anonymous Coward · · Score: 1, Insightful

      Yeah an the difference between fingerprints and DNA is that, well let's see. A fingerprint is a unique mark that identifies you, your DNA IS YOU. With a fingerprint on file all they can tell is if you've been somewhere or touched something. With your DNA they can potentially find out everything about you, or even clone you. Not that the latter is very likely, but the point is these two things are not the same by any means.

  15. Re:DNA use in *this* case versus *all* cases by cait56 · · Score: 2, Insightful

    Just in case there's anyone reading the comments who also read the article...

    The DoD's policy seems amazingly correct here. They allowed a suspect's DNA to be searched when there was already reasonable grounds to suspect a specific person. They did not allow a mass search of their database for anyone who might match.

    Use of DNA to prove innocence is always valid. Use to increase the probability of guild after you have evidence on a specific suspect is equally as valid. The issue of concern remains preventing searching for a "1 in a million match" (something certain to convince any jury) against a large database repeatedly. If that is ever allowed, false positives are predictable.

    In this case, the use of DNA was proper. The DoD should be applauded for limiting the use of DNA data. Stating that the records should never be disclosed is absurd. Nobody has ever objected to the use of dental records *after* a suspect is identified.

    Meanwhile, having implied that the DoD did something reasonable, I better go find a thread where I can lump M$ or I will lose all credibility on /,

  16. bogus DNA by frovingslosh · · Score: 2, Insightful
    Bullshit! There are major problems with this argument.

    First of all, the testing is done by humans and very prone to errors. Also very prone to getting the results they want to get. There have been some noteable cases where it was found that the "odds" of a DNA match of what was tested were vastly overstated by an "expert witness" in court.

    Second, while fingerprints are unique (and yet have still been found to be improperly matched by some FBI testers), DNA is not always unique. Want your life ruined by the actions of your evil twin (perhaps one you didn't even know you had if you were adopted) just because you served your country in the military and years later there was a DNA match to you?

    The bottom line here is that keeping these records is a needless invasion of privacy. It was never to be used for this, but (big surprise) now it is. Who knows what it will be used for in the future? Perhaps to mine the DNA database so Monsanto can patent your genes (even if you personally would not give Monsanto that information). Perhaps to test for people with some "undesirable" genetic tendency. We at Homeland Security see from your genes that you're genetically a potential threat to national security, and so for your own good .....". In the end this is just information I (and many many others) don't want someone tracking on me, and a lot of people will elect not to serve in the military if it means that this information is taken from them and then can be used in any way in the future.

    --
    I'm an American. I love this country and the freedoms that we used to have.