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New York State Passes DNA Requirement For Almost All Convicted Criminals

New submitter greatgreygreengreasy writes "According to NPR, 'Lawmakers in New York approved a bill that will make the state the first to require DNA samples from almost all convicted criminals. Most states, including New York, already collect DNA samples from felons, according to the National Conference of State Legislatures. What's remarkable about the New York bill is that it would expand the state's database to include DNA from people convicted of almost any crime, even misdemeanors as minor as jumping over a subway turnstile.' Gattaca seems closer than we may have thought. Richard Aborn, one of the bill's backers, said, 'We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.'"

37 of 260 comments (clear)

  1. My first thought: by jm007 · · Score: 5, Insightful

    Who is making money from this?

    1. Re:My first thought: by erroneus · · Score: 4, Interesting

      My first thought was "what's this 'Almost All' thing?" As in who gets excluded? The friends and families of politicians and big business people?

    2. Re:My first thought: by Tsingi · · Score: 5, Insightful

      Who is making money from this?

      An excellent first question.

      We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals.

      I'd like to point out both violent and non-violent criminals start out as human beings, so if we just get DNA from all human beings, we will have it when they become violent criminals.

    3. Re:My first thought: by N1AK · · Score: 4, Informative

      Probably not far enough from the truth :(

      A bit of me almost wishes they'd just require DNA from everyone and try and get it over with. Either the populace would finally fight back and reclaim some rights or we'd give up the illusion of privacy and at least get some of the benefits that come with that. In the UK you can have DNA taken after being arrested, never get charged and still find it virtually/effectively impossible to get your DNA off of the database.

    4. Re:My first thought: by Moryath · · Score: 5, Insightful

      Remember, "they're all guilty of something" is the standard credo of cops and prosecutors. You can be guilty of something and not even know it thanks to the fucked up state of law in the USA.

      The goal of a program like this is to DNA-code the entire populace, which is ridiculous.

  2. The steps. by Kenja · · Score: 4, Funny

    1. Pay to have your DNA sequenced.
    2. Copyright your DNA sequence.
    3. Get arrested, convicted and have your DNA taken.
    4. Sue like your the MPAA.
    5. Profit?

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    1. Re:The steps. by Anonymous Coward · · Score: 4, Informative

      Here in Scotland, the police take your DNA for speeding and then keep it regardless of conviction.

    2. Re:The steps. by Sperbels · · Score: 3, Insightful

      So let me imagine how this would work.

      Company (say, FreeDNAAnalysis.Com) starts offering free DNA sequencing so you can find out what diseases your predisposed to. But you have to accept an agreement that's so full of legalese that you don't read it/can't understand it. What it basically does is copyright your DNA and grant them the right to sell it to anyone. They acquire more DNA from other sources, such as law enforcement, or other government agencies who are collecting the data.

      Then entities start buying this data. Insurance companies, or drug marketers, DHS, or whoever stands to make a profit from knowing that you have a family history of depression, ADHD, schizophrenia, heart disease, murder, whatever.

      You, being a smart fellow, had the foresight to copyright your DNA beforehand. But your DNA was taken and sold off to FreeDNAAnalysis.Com because of a speeding ticket you had back in 2019.

      Now the insurance company wants to jack up your rates because FreeDNAAnalysis.Com says your DNA makes you at risk to develop irritable bowel syndrome. You'll need an expensive lawyer in order to even be heard by anyone besides a call center drone in India. You'll need to give the lawyer your house to actually sue. And even then you'll probably lose. So you give up and just pay the extra $20 in insurance costs, which, when spread out of millions of people equates to a small rise in quarterly profits and bumps up the stock price of all of the companies involved.

      You, unknowingly own some of the stock in your 401k, but it's not enough to amount to shit.

    3. Re:The steps. by izomiac · · Score: 4, Informative

      Well, a big problem with this requirement is that DNA isn't sequenced for identification. That's far too expensive (for now), but would allow for accurate identification excluding mosaics and twins (the former is likely underestimated in frequency since it's rarely relevant outside of this sort of analysis).

      The traditional method is to chop DNA at known uncommon sequences so you get several pieces, run them on a gel that separates them according to size, and see if the sizes and number of fragments match-up. This works because humans have a few variable length repeats that vary in size and change with each generation (an over-simplification, e.g. the repeats often expand if the mother has the gene but not the father). Modern DNA analysis is a bit more sophisticated, but the underlying principle is the same.

      So, how frequent are false positives? In an analysis of Arizona's 65,000 inmates researchers found 122 9/13 matches, 20 10/13, 1 11/13, and 1 12/13. Some of these were relatives but it's hard to say how many given the study was anonymous. So, it's a low rate but not low enough to use as police would like. I'm sure it'd be very easy to find some DNA at a crime scene, run the DNA search, find one person that matches and lives in the area, and arrest them for the crime.

      It's hard to argue that it's a false positive if you live a block from the crime scene and fit the physical description, but merely because people don't understand statistics very well. (E.g. if it turned out to be an 80 year old Chinese lady and not a 20-ish Black guy that resembled the description, then nobody would arrest her.) And, prosecutors are going to argue the one in 108 billion theoretic odds, without any deeper understanding of the statistics and genetics that make false positives more likely.

      Setting aside, for a moment, that I have tons of non-genetics issues with such a law, I must say this is premature. In a few years we'll be able to cheaply sequence DNA and have far more accurate identifications. Furthermore, we may be able to find genes and such that make violent behavior more likely, thus aiding research. So it's illogical to adopt this technology now rather than when it actually works well in a few years. It's not like the military immediately started commissioning Wright flyers as bombers and scouts.

  3. Wouldn't it be easier... by Swampash · · Score: 3, Insightful

    ...to just imprison everyone, and let out only those who can prove they haven't committed a crime?

    1. Re:Wouldn't it be easier... by Tyrannosaur · · Score: 4, Insightful

      ...to just imprison everyone, and let out only those who can prove they haven't committed and will never commit a crime?

      FTFY

    2. Re:Wouldn't it be easier... by TheGratefulNet · · Score: 3, Insightful

      we are all, already, imprisoned.

      (deep thought for friday morning, I know).

      you are not free to move around and you are not free to do many things. sure, we have some token liberties given to us, as they often throw dogs a bone.

      but we are, in a very real sense, imprisoned. you can name many things you think you can freely do but I can probably name more things that we should be able to do and we can't.

      society is a balance of control and freedom. I think we jumped the shark a few decades ago and its been downhill on the freedom ride ever since.

      this just proves it, but in a more blatant and in-your-face way. they don't even try to hide it anymore.

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    3. Re:Wouldn't it be easier... by Hatta · · Score: 3, Insightful

      There you go. That's the appropriate level of cynicism. Now are you going to keep voting for the same authoritarians, or are you going to make your voice heard by voting for a third party?

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  4. The UK already has this, and worse by SteWhite · · Score: 4, Insightful

    As usual for an invasion of privacy or violation of fundamental rights, the UK got there first. In England, you get your DNA taken and stored simply if you get arrested - you don't even need to be charged, let alone convicted.

    1. Re:The UK already has this, and worse by L4t3r4lu5 · · Score: 5, Informative

      As usual, this is not the whole story.

      Part of processing your arrest involves taking your biometric identifiers (fingerprints, DNA) and storing them. If you are not charged or are acquitted, you can apply to have your biometric data destroyed, although I understand this process is complex, lengthy, and almost always unsuccessful. This is obviously the wrong way to go about it, but it's the way it is.

      This is being challenged in the ECHR, if I remember correctly. Destruction without request on no charge or acquital would be a start, taking samples only upon conviction much better. However, it's all "to prevent terrorism" or "to protect the children", so I'm surprised they don't ask for an actual pound of flesh.

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    2. Re:The UK already has this, and worse by MobyDisk · · Score: 4, Insightful

      Data cannot be destroyed. Truly destroying it requires significant skill and effort.

      This is a lesson society has learned from the computer age. While a record can be deleted, it is really still there. On the drive, on a backup, on someone's laptop, on a flash drive, in a cache file, in an email, or some combination. Laws exist to make it illegal for governments, service providers, telecoms to delete data. So once it finds it's way to certain points it is protected from deletion.

      If we really want DNA to not be held, then it must never be collected in the first place. And since it is so easy to do, and so prevalent it is unlikely that will ever happen.

  5. Beginnings of a violent criminal by wheeda · · Score: 5, Insightful

    Most violent criminals have their beginnings as a crying baby. Ergo, we should collect DNA from all crying babies. This will allow our helpful government to keep us safe. I'm way more concerned about turnstile jumpers than our government collecting a little DNA.

    1. Re:Beginnings of a violent criminal by Anonymous Coward · · Score: 3, Informative

      They already collect DNA samples from every infant born in New York State! This is done under a regime of genetic disease testing. However, the records are kept and not destroyed. At some point in the future, I expect this database and the criminal database to be linked (if they are not already).

      When my child was born, I tried to opt out and the hospital said it was mandatory. The state requires it. More info here: http://www.wadsworth.org/newborn/services.html

  6. Scary because DNA tests are not unique by Anonymous Coward · · Score: 5, Informative

    DNA fingerprinting techniques 'can sometimes give the wrong results'
    Read more: http://www.dailymail.co.uk/sciencetech/article-1302156/DNA-fingerprinting-wrong-results.html#ixzz1pINb0FPk

    DNA's dirty little secret: http://www.washingtonmonthly.com/features/2010/1003.bobelian.html
    Typically, law enforcement and prosecutors rely on FBI estimates for the rarity of a given DNA profile—a figure can be as remote as one in many trillions when investigators have all thirteen markers to work with. In Puckett’s case, where there were only five and a half markers available, the San Francisco crime lab put the figure at one in 1.1 million—still remote enough to erase any reasonable doubt of his guilt. The problem is that, according to most scientists, this statistic is only relevant when DNA material is used to link a crime directly to a suspect identified through eyewitness testimony or other evidence. In cases where a suspect is found by searching through large databases, the chances of accidentally hitting on the wrong person are orders of magnitude higher.

  7. Horrible argument by Anubis+IV · · Score: 5, Interesting

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    I'm curious how many people who are generally considered to be law-abiding citizens have a misdemeanor at some point in their past which did not lead to later felonies. I'd really like to see that number, becaue I bet it would dwarf the amount of people who escalated their criminal activity to felonies later in life. How many criminals do you have to apprehend using these new samples to justify getting samples for all of those law-abiding folks?

  8. Re:Why is this different than fingerprints? by Tastecicles · · Score: 3, Informative

    Fingerprinting is old and mature tech. DNA profiling is still very new, and not very reliable (when you're talking about 1:300,000,000 error in the most detailed profiling that's currently used, however rarely, that's not very reliable. Even less reliable when you're using 32 markers or even 16, when the error ratio goes down to 1:4,000,000 and 1:100,000 respectively). What makes it *even less reliable* is the absolutely pitiful methods employed to maintain records of custody of samples - cross contamination is a real danger, both in transit and inside the lab. Fingerprints can be a: taken on scene, b: sent through an AFIS terminal and c: matched ON SCENE. The chain of custody is limited to *1* and the possibility of cross contamination of the sample is ZERO.

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  9. Re:Does that Apply to Bankers? by jhoegl · · Score: 3, Informative

    Nice comparison arguments...
    Madoff pissed off so many rich, and it was so public that no doubt it lead to where it went.
    Blagojevich is an insane person who somehow got elected, and was Governor of a state that had three other convicted Governors in the past 30 years. So, he was also a message to the government to stop dicking around with Illinois. Oh, and he is guilty.

  10. Re:Does that Apply to Bankers? by Hatta · · Score: 5, Insightful

    Please. Wake me up when Lloyd Blankfein gets charged under RICO.

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  11. The new permanent underclass: Felons by Paracelcus · · Score: 5, Insightful

    When you take away everything, you have nothing to lose! And someone with nothing to lose is the most dangerous thing in the world!

    --
    I killed da wabbit -Elmer Fudd
    1. Re:The new permanent underclass: Felons by Anonymous Coward · · Score: 5, Interesting

      When you take away everything, you have nothing to lose! And someone with nothing to lose is the most dangerous thing in the world!

      That's so right.

      Once you get a criminal record, you can never work again. Every employer - even for a shitty minimum wage job - requires background checks. Of course, everybody thinks that if you were arrested, you did something horrible - not that you had a joint and you were charge with possession, intent to distribute and even if you knelt on the ground and handcuffed yourself, you were also charged with resisting arrest.

      We live in a society that, when it comes to taxes, terrorism, drugs, and child molestation or the perception of it; you are guilty until proven innocent. And with the threat of long drawn out trials that are prohibitively expensive and a good chance of being convicted for something, folks take a deal; which ruins them for life.

      Prison isn't for rehabilitation: it's the initial punishment before you're condemned for life to poverty.

      Unless you're a banker or someone with great political connections - a 1%'er.

  12. Re:Why is this different than fingerprints? by Attila+Dimedici · · Score: 3, Insightful

    It isn't, but the idea of fingerprinting got well established before we realized how unreliable a way of identifying people it is. Fingerprinting is a decent way of establishing the identity of someone in a setting where you can take their fingerprints in a controlled fashion and compare them to a record of fingerprints taken in a similar manner. However, it is a terrible way of establishing the identity of the person who left fingerprints at a crime scene. There was a study done a few years back where they submitted fingerprint samples to ten experts over a period of time. Only two of the experts returned the same results for the same sample when it was resubmitted to them (with them believing that it was a new sample).

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  13. Who "owns" your DNA? by GodfatherofSoul · · Score: 5, Interesting

    One thing I'm worried about is the moment when the owner of these DNA databases figures out that they can start selling the information to stakeholders like drug companies. What rights do even felons have to ensure this sort of thing never happens?

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  14. Re:Why is this different than fingerprints? by tiberus · · Score: 4, Insightful

    While it may be a bit a paranoia, it is certainly not fear mongering. Fingerprint data which is merely an image of the swirls, loops, etc. that make up your finger print basically only one use to show that someone (or thing) left a print a certain location and then to show you are or may have been the person that left that fingerprint.

    Your DNA on the other hand is a veritable cornucopia of information. It can reveal your genetic sex, relate you to your family members (who may also be in the database), tell if your a risk for a disease or cancer, a carrier for sickle cell anemia, the list go on and on and well on.

    This is a slippery slope issue. New York states that no one else will have access to the information, at least not today. Researchers, medical companies want and eventually ask for and may be granted access to this information to be used to benefit them, not us.

    Also consider that processing DNA is much more involved and technically challenging fingerprints, that concerns already exist about chain of custody, accuracy of the information kept and generated...

    I simply can't see this ending well.

  15. Increasing police power by betterunixthanunix · · Score: 5, Interesting
    Let's see...
    • The attorney general's office has the power to declare laws, and then to enforce the laws that it declares
    • The police now meet the definition of a paramilitary force, and get large amounts of surplus military equipment from the US military each year.
    • Law enforcement agencies in America have vast, secret intelligence operations
    • Law enforcement agencies in New York are now known to have secretly monitored innocent people, for no reason other than their religion
    • There are so many laws in effect that the police can arrest almost anyone on a whim -- they are nearly guaranteed to find a violation it they simply watch a person go about their daily business. People have even been arrested and prosecuted solely for resisting arrest.
    • There are more prisoners in the United States than in any other country, including authoritarian countries with larger populations (China). Only the USSR and Nazi Germany had larger prison populations.

    Do you really need to ask why people are opposed to further increases in police power?

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  16. Re:because unlike fingerprints, this one's not acc by Kenja · · Score: 4, Interesting

    Fingerprinting has never been subject to a peer reviewed study for accuracy. It is just accepted that they are close enough to unique to work. In general, "forensic science" isn't science.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  17. Not setting the bar low enough... by XxtraLarGe · · Score: 4, Insightful

    We know from lots of studies and lots of data now that violent criminals very often begin their careers as nonviolent criminals. And the earlier you can get a nonviolent criminal's DNA in the data bank, the higher your chances are of apprehending the right person.

    We also know that nonviolent criminals begin their careers as noncriminals. Why not just require DNA samples from everyone?

    --
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  18. Convictions are all about reducing your rights by perpenso · · Score: 3, Insightful

    I refuse to believe this is is constitutional. A policing body taking my genetic code and doing god know what with it if I jay walk or look at a cop wrong? Lets see how this silly piece of paper hold up in court.

    Criminal convictions are all about reducing your rights, and your anonymity, from that point in time forward. If they can retain info like photos of your face, tattoos, scars and other distinguishing physical features; biological information like height, weight, fingerprints, blood type, medical conditions, etc ... then how is retaining info on your DNA something new and unprecedented? I'm a bit fuzzy on what is unconstitutional. Creepy yes, unconstitutional probably not.

  19. What about Family Members by AB3A · · Score: 3, Interesting

    So let's suppose you have a family with a checkered past. You have never been convicted of anything. However one day a partial match comes through and lo and behold, your father's DNA doesn't quite match, but they suspect a family member. Can they compel you to submit to a DNA test?

    Hasn't your father 's DNA just convicted you?

    In other words, old DNA evidence might be used on a fishing expedition to convict family members as well. Is that reasonable? I'm not so sure about that.

    --
    Nearly fifty percent of all graduates come from the bottom half of the class!
  20. Re:Why is this different than fingerprints? by Babbster · · Score: 3, Insightful

    Fingerprinting is old and mature tech.

    So are acupuncture, astrology, and polygraph interpretation. I wouldn't put a lot of stock into age as a measure of reliability.

  21. Re:Does that Apply to Bankers? by Translation+Error · · Score: 4, Funny

    Is this for white collar criminals too? Oh wait, the rich don't go to jail, they just make settlements.

    Actually the rich will be subject to DNA collection; however, the procedure will be slightly different.

    The government will send over a special 'collection agent' who is trained to collect the subject's DNA in a manner that is both pleasant and non-intrusive (unless the subject is into that). To further ensure that the subject is not overly stressed, the collection process will take place at either their home or an expensive hotel. Finally, to show all the people whining about special privileges for the wealthy that rich people aren't above the law, everyone with sufficient wealth will be subject to frequent and vigorous retesting.

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    When someone says, "Any fool can see ..." they're usually exactly right.
  22. Its Inside Out by Walt+Sellers · · Score: 5, Insightful

    Fingerprints can identify you.

    DNA can identify you, your parents, your children and other family members.
    DNA can show your genetic odds for diseases like diabetes or alcoholism.

    Once your DNA is in the public record:
    - Your health insurance rates might go way up because you have good odds of diabetes.
    - Your car insurance rates might go up because you fit the DNA profile of a drunk, even if you don't drink.

    And what do you do if you happen to be an identical twin, triplet, etc, whose sibling committed the crime?

    Even if your DNA was never taken, it may suddenly be difficult to get certain jobs because now employer background checks might run a DNA scan on public databases and find out you have a relative convicted of fraud. (I might feel better about this if DNA-based background checks were required to be a candidate in an election.)

  23. Re:So... privacy should allow the guilty to get of by slimjim8094 · · Score: 3, Insightful

    Law and order isn't a game, but it is stacked in favor of the accused. Hence the phrases "innocent until proven guilty" and "beyond a reasonable doubt". It damn well better be substantially harder to convict someone than for them to show a reasonable doubt about it, because otherwise you create a society in which people can just be thrown in prison. That's getting increasingly easy to do, but in most cases there's still a court involved, and they do still care about things like evidence procedures and presumption of innocence.

    I don't care that the guy gets off, if the police were sloppy. Even if he's a murderer and everybody knows it. The police need to do their job right, because if they're allowed to get away with illegal searches and still get the conviction, we're all at risk.

    I'm not even some paranoid libertarian, but this is pretty basic justice.

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