California Initiative to Expand DNA Database
vervais_sucks writes "A California attorney is personally bankrolling, to the sum of $1.3m, an initiative to require law enforcement to take DNA samples of every person they arrest for a felony." The (lengthy) initiative is available here (search for DNA on the page).
If we already fingerprint criminals, what's the big deal if we take a "biological footprint", if you will, of them?
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Perhaps if instead of taking DNA samples from everyone arrested for a felony, if they only took samples from people convicted of a felony. After all, a convicted felon already forfeits certain rights upon conviction. But what about people wrongly arrested?
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First - it makes it easier to determine if a felony was committed by a previously arrested criminal. It also expedites the speed at which information is shared if we can pinpoint perpetrators in this way.
Second - should someone be sentenced to death, reversing said conviction/sentencing is easier if you have DNA evidence to back up claims. Though, I suppose it sucks for the criminal if they then do some retests, and the final verdict of the testing is that you did it.
So, let me get this right; you get arrested, have a dna sample taken and then -if youre found innocent... ...what happens to the dna? (how likely do you think it is that the sample will be destroyed in practice, even if thats the policy?)
So sometime in the future we are going to have people being arrested because their DNA indicates that they have a very aggresive/compulsive/sadistic whatever predisposition. It's easy for the authorities to say that they are only going to use it for crimes, but who knows what they might decide to do in the future. I think that this is going to far.
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The article says anyone 'arrested', not convicted, which gives me concern. People can get arrested and found to be truly innocent. Fingerprints aren't particularly invasive, simply a unique identifier, but DNA, as they say, could be examined for more information about what traits a person could carry. Granted, fingerprints aren't nearly as reliable and much easier to eradicate the presence of compared to DNA samples and the DNA bank would be useful, but once you go beyond tracking that which is merely unique from person to person to that which potentially lays out behavorial tendencies, health issues, etc, it becomes much more disconcerting.
An interesting film based on the premise of too much focus on DNA tracking is GATTACA.
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Maybe it's just me, but I really do not understand why they will take a DNA sample of every felon. I guess I didn't realize that the commision of fraud required leaving something from which DNA could be obtained.
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Then don't let the Police hold the samples. Hold them at a Government Science Lab where the Police cannot access them unless they are investigating a crime that has already taken place. Then the problem arises when the Government wants to implicate you in a crime...
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This sounds eminently reasonable, though I'm not sure I like the "arrested for a felony" part, it would be much more reasonable to use convictions. But they print you on arrest, so why shouldn't they take your DNA too, right?
Ah, but they fingerprint you for a drivers' license too. They didn't, at one time, but now they do. Because the argument was made that, well, if we take your prints on arrest, why shouldn't we take them for a drivers license too? That will, of course, be the next step.
I would actually be completely in favor of this if we had a resonable law enforcement system, which we don't, and if there were any way to assure that this will not be used as an argument for taking DNA from everyone, which there isn't. As it is, I think this sort of thinking needs to be stopped before it spreads.
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Iceland has recently had a major controversy over creating a general DNA database of the people. Maybe if we can't learn from fiction, we can from reality.
But would it be possible to store a hash of a person's DNA? I know that people who run open source software typically check any sort of download for MySQL, PHP, or anything else for that matter against an MD5 string? Now, why couldn't somebody's DNA sequencing match against something like SHA1 or MD5?
I figure it might have to do with mutations / etc screwing up the hash generated. But isn't there some kind of hash that could compensate for that sort of thing?
I'm just wondering if there's a way of matching DNA without storing sensitive information like possible health defects, etc..
Personally, I would not mind something like this used for homocide or rape. I'm just concerned, like everyone else, that this will be a slippery slope towards other things.
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Hmmm...
if you have just been 'arrested' aren't you still presumed innocent?
why should a 'false' arrest get's people's DNA into some big brotherish database. and isn't my DNA mine does the Gov really have the right to 'seize my DNA???'
actually I am happy to see you, however that is in fact a banana in my pocket.
The question then is if DNA sampling is part of a reasonable arrest. The fears expressed in the article were:
"DNA is not like a fingerprint, since getting it is more invasive and it holds information beyond mere identification,'' said Tania Simoncelli, a science and technology fellow for the American Civil Liberties Union. "Storing it permanently for future criminal investigations doesn't comply with the Constitution.''
Is that true? What information does a DNA "fingerprint" reveal? How is it any different from storing an image of someone's face, fingerprints and other identifying information permanently for future criminal investigation?
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If more laws are enacted like this, maybe we should demand a law where anybody holding a public office should be required to give a dna sample.
Just like IP address. Only longer. You got mine already, what's the difference if you had my DNA right now? Yes, you could clone me, perhaps, someday or use my DNA to artifical fertilization. I don't mind both, I was born to spread my DNA, just like we all were. That's biology, that's evolution, it would be hard to disagree with that.
BTW: jokes aside. Please :)
If they have already picked out someone to frame, they could accomplish this today by just going to your house and taking some hair out of your hairbrush or something. The DNA database doesn't make it any easier.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." -- Benjamin Franklin
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
Peace
In the bad old days of Northern Irelands terrorism, a family of catholics were arrested for bomb making. One of the family members was one of the guilford four. The evidence used to convict the rest of the family came from a semtex detecting machin, which was later found to be contaminated. Every test came up positive for explosive(, laughably, there were no negative controls).
Now Imagine the possibilities with DNA evidence, as it is, DNA is becoming very relied upon for convictions, and the police are getting overly reliant on it. In the future, someone arrested and sampled may get a full iron clad water tight conviction over a laboratory error. A mix up of the DNA sample taken, and a DNA sample taken from the scene of the crime...
This isn't even taking into account the fact that a crooked cop could find it very easy to contaminate a crime scene sample with DNA taken from a suspect.
These concerns could be overcome with good safegaurding, and good laboratory practise, but if the past is anything to go by, it's time to get paranoid.
Great yet another attempt erode liberties. Someone should set up a site documenting these travesties.
And as usual the guy responsible has a ROCK SOLID excuse.
"People I love were killed!!"
Oh really! How awful! I guess it's OK to lead us all one step closer to a police state then! Here Swab me first!!!!
Of course he'll call us all heartless cranks who want criminals to get off and he'll say that this won't REALLY undermine democracy. Just like the PATRIOT act!
God I hate these people. Why didn't he donate his money to funding more social programmes that reduce the amount of criminals at an early stage! But I guess that just wouldn't be as efftive as having a poorly administered DNA database now would it.
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Hello,
It appears after your 2004 arrest (without conviction) that your DNA profile has come up in a new and ongoing criminal case. As a result, you are now a "person of interest" and subsequently unable to apply for security clearance of any level. We have also taken the liberty of informing your employer who btw formally requests you do not return to work tomorrow. We will release your friends and family members from questioning shortly.
Yours truly,
The Secret Service
Gee, no potential for abuse here. All that's required is the "label" or appearance of guilt and your life is ruined. This is exactly why privacy is so important.
Just because they can already do it, doesn't mean we should make it even easier for them. Sorry but this is why we have the second amendment. Before long we'll need our well armed militias to defend us from our own police state. It's no mystery why one of the first things Hitler did was institute gun control. After that he started slapping numbers on jews hands to "more easily identify the criminals". Then we just need national ID cards (stars on our chests) and the stage is set once again.
I'm relying on intro college biology here, but I don't think current DNA samples are unique anyway.
They just have an enzyme that cuts the DNA at specific markers which appear at different locations in the DNA for different people, normally there's a dozen or so of these cuts. And then they run some water over them that pushes the different segments along a plate. The longer the string of DNA that was cut, the heavier it is and the shorter the distance it goes along the plate. So you end up with a banding pattern at the end of the test.
This banding pattern does NOT produce a unique signature, there's only a dozen or so bars on it across a 6-12" area. What you do get is probability when using it as evidence. For example, the odds of the DNA found at a crime scene and the odds of a suspect having the same banding pattern is very slim unless it's the same DNA.
DNA evidence is NOT good for proving people guilty, but only for proving people innocent.
#6. There will be random checks done (no less than .1% per year) by submitting DNA samples from non-criminals (but not the same people each time).
What?!
No way.
Absoultely not.
"Not my manner of thinking but the manner of thinking of others has been the source of my unhappiness." - M
a DNA database for convictions, but for arrest? That's just stupid. And there should be a method for getting your info removed if you are wrongfully convicted and succesfully prove your innocence. It seems as though the proponents of this have alterior motives, and are counting on abusing the system i9n advance.
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I don't see this happening once law enforcement starts liking the power they have with all this new information. No government organization will willingly give up saved data.
This would be an excellent idea, if no humans were involved in it?s implementation and daily handling, due to the nature of what being human is. Much like the justice system, it is perfect, and it?s ONLY flaw is the HUMAN factor. Individuals, who have their own agenda, and are in the right governmental positions, ARE going to abuse this. That?s a given, and the fact that this information will be stored in a digital fashion, makes it untraceable, because anyone who works near any of this stuff can make a copy of it and give it to whomever they feel deserves it, or for the right price, with no problem what so ever. Can you taste a new flavor of terrorism abound on the horizon? I?m sure they?re not going to spend a whole lot of effort keeping track of who has access to this information to begin with?
A lot of things about you, can be derived from looking at a copy of your genetic information. Re-read that sentence. We?re talking about the GOVERNMENT OF THE UNITED STATES, having a copy of your genetic blue-print, to do whatever they wish with it. Felony or not, I think fingerprints are enough, or maybe an alternative being that for DNA to be sampled, a process somewhat similar to obtaining a warrant, should be carried out, only with much more intense stipulations and oversight from officials, as well as severe penalties and fines for misuse / negligent handling of the information obtained.
just replace random citizens, replace with random goverment official. Then there will be a vested inerest in the officials making the system as good as possible
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So if one add the human errors (even reasonably smart peolpe like lab techs sometimes fail) the odds are below 1 in 10000. So if California checks their db with 1 million "records" they will get 100 false positives. Scary stuff.
But I guess this is up to the standards in California, because only criminals leave DNA samples on the scene. And since the people do have a felony history they are obviously guilty as the criminals they are..
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I know someone who's a convicted felon. Want to know what the conviction is for? Graffiti.
That's right, he sprayed graffiti on someone's house when he was 18 and now he's a felon for life. And he gets a DNA sample taken.
Was it the first time your friend committed a crime? He might have been convicted of a felony (or even misdemeanor) when he was 16 or 17 but tried as an adult if it was serious enough. Just because someone commits a crime that appears to be minor, doesn't mean they should be treated like they did nothing - especially if they aren't a first timer.
As for other laws.. You think things would be better if we just got rid of laws? There's always going to be a middle ground that we have to find when it comes to having either too many or not enough laws, but either way you look at it - its not going to make everyone happy.
If you've got a means, motive and opportunity, why do you need the DNA database?
More likely, the means motive and opportunity can be strung together out of tenuous circumstantial "evidence" once the DNA match has found the One True Perpetrator.
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#2. All DNA samples take from #1 are to be PURGED COMPLETELY from any databases after 30 days.
You mean, just like the database of people submitting to a background check for purchase of a firearm was purged (search for "Texas"), as requred by law? Yeah, I trust my government to scrub the database like it says it will.
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...that was later dismissed, I find this particularly disturbing.
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I am confused. Your comment seems to indicate that there are some politicians that haven't committed crimes. While I have always thought that making our politicians use the same systems that we are imposing on the general populace (e.g. let us mandate that they are required to use Social Security and Medicare, then see how fast they get fixed), the fact that the majority of them are lying cheating philanderers gives me little faith in the "system".
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