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July 2009
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Washington Lawmakers are considering a bill that would allow police to take DNA from people arrested on suspicion of committing a felony or misdemeanor. Should authorities have the right to take DNA from people arrested for a misdemeanor? 33 CommentsLeave a comment |
Civil liberties are not a joke. Yes, there are those who creep through the darkness hunting for victims, and they should be put away. There are also those who might make mistakes from time to time. but putting all citizens under the same scrutiny removes all presumption of innocents and trashes our civil liberties. This Bill will not make us safer, it will make us all victims.
This law should go into affect.Simply because of all the criminals getting away with murder or giving drugs to kids.I think it would also be easier to find out what happened to missing persons.Every one including kids 13 and over should have their DNA taken,in case of a bad accident,such as a house fire or kidnapping etc. It just might help to slow the crime rate down.
Absolutely not!
This would be an absolute invasion of our privacy. What happened to we are innocent until proven guilty?
The proposal as stated would negate our fundamental right of presumption of innocence under our constitution. It would be the next step to an "Orwellian" new world order. Let's see how it works in New Mexico before we discuss it further. I've got a feeling it won't make much difference in the long run anyway.
This bill would be a complete violation of civil libirties and I am whole heartedly opposed to this. Being arrested on the suspicion (stess suspicion) of a crime does NOT make someone a criminal and there is absolutely no reason why the FBI should have DNA of someone that has not been convicted of a crime. The American peoples are not all criminals, and this bill if put into law would give the government the right to treat us as criminals.
Absolutely YES!! If you do something to get arrested it may be highly likely that you've done something else bad, or will. This country goes too far with privacy rights! Too many criminals go free. Maybe this would help authorities in catching criminals faster and maybe innocent peoples lives would be saved. Don't do illegal activity and you won't be arrested. Criminals have WAY too many rights! I'm so sick of hearing about poor pitiful prisoners and the horrible living conditions in prison (that us hard working tax payers pay for!) Where did their victims rights go when they did what they did to be put into prison?? How many people did they hurt before they were finally put away (maybe with the help of DNA)? I'm totally for it. Anyone who isn't, maybe it should be you who's sister,mother, friend, etc. was murdered, and the murderer can't be detained, or escapes while authorities are awaiting a warrant for DNA. I'll VOLUNTEER mine! I don't plan on doing anything illegal!!! Let us not forget that DNA has helped prove innocence also.
Is this a joke? The legal system has long been practicing a presumption of guilt until proven innocent for many except those with good lawyers. Are we all to be considered criminals, and treated accordingly? Do you even know what constitutes felonies and misdemeanors in WA? You would be amazed at how petty some areas are. Would you like to have DNA taken for having a car with a flat tire in your driveway, regardless of the cause? What about all the cases over the years, that we know about, where the police have fabricated evidence to win a case? How easy would it be to falsify evidence in a irrefutable manner to point to their suspect before hand? Go to the database and make a match to the sample already on file then go arrest you?
I will not even go into details here of all the things our representatives have done to make our lives less safe, or remove or civil liberties in the name of protecting us, or at least big business. By the way, what company would be maintaining this new database? Washington state does not have the money to make this happen.
Any politician that votes for this should be DNA tested and put away for our protection!
NO, this is just not right. Stop it already.
what do you have to hide. there are alot bad bad people out there have never ben cought but there wait till one gets you then you will wish they had there DNA after persay they murdered some one you loved?????????????
Really???? Have we finally sunk so low that peoples rights are irrelevant? Getting arrested does not mean that you are guilty of a crime, this is a fact. Facts are the proof that convict, not mere speculation, which is what usually is the cause for arrest. That is why we have a judicial system! People get arrested all of the time without charges being filed, because they are innocent and even then only a conviction proves guilt. Does the government really feel that they have the right to add you to their catalog without any proof of guilt? Only a judge and/or jury can decide guilt in the USA, not a poorly qualified police officer. We have the right to privacy, until such time as convicted of a crime. Even then, taking DNA in any other cases other then sex crimes or violent crimes goes too far. I personally think that only a qualified judge should be allowed to place an order for a DNA sample as it pertains to a case. The presumption of innocence must be maintained, it is our right, and we keep losing those rights every day in the name of protection. However, it's fear that actually drives us to agree to this and every other Bill of Rights stomping piece of legislature. I say BOOOOOOOO to this law and any others like it!
Maybe I'm just kind of stupid, but I really don't see any difference between taking a person's DNA sample and taking a person's fingerprints. Everyone who is arrested for anything is fingerprinted as a matter of routine. Why is creating and searching a national DNA data base to solve crimes any different from creating and searching a national fingerprint data base? Everyone's DNA is in the public domain anyway. We all leave a trail of it wherever we go.
YES !
There is no presumption of guilt based on DNA found at a crime scene anymore than fingerprints or personal items, drivers licenses, etc. An investigation MUST prove a crime was committed and the person committed the crime. DNA found in a dead body of an adult, does NOT mean the person killed the adult. DNA in ANY crime scene must be investigated; most people would have a bonifide reason for being there. DNA found in a child indicates a person may have committed a crime; but, extenuating circumstances still may find the person innocent.
DNA can also be used to identify a dead body. Say a John Doe body was found in a canyon. The DNA can identify the body and return it to family.
I would gladly provide my own DNA to this system in the event I'm found dead. I have no fear my DNA alone could convict me of any crime.
Retired Federal Agent
I stand by my previous statement, but will add that I also see the viewpoint of the others. I do see where DNA being provided by everyone unilaterally may help with investigations, identifying bodies, etc.. but, give them an inch and they will take a mile. If we give our government free reign over our personal information, then we lose that very core of what our forefathers stood for. We have the right to privacy, and our information is our own. We don't yet know know how far the process of giving DNA can go. At some point our DNA may be entered into a database and then some seemingly harmless piece of legislation may make that database available to health insurance companies and be used to disqualify us from medical treatment, life insurance, etc... It all starts with good intentions and then that same information that is used for those good intentions, gets turned into something ugly. We all know that the government is at the mercy of the people that get our officials elected, those people being the insurance companies, oil, tobacco, etc... These are the facts, our world isn't perfect, there are bad guys out there, but sometimes those bad guys aren't the guys sneaking into your house at 3am and robbing you, sometimes they are they very people that we are entrusting with our most sacred of information. Money rules all people! Money makes the world go round, and money can and likely will drive insurance companies to someday try and gain access to that DNA for disqualifying purposes. Some insurance companies are already asking for DNA to provide life insurance, check out State Farm and their requirements. What if I have a pre-existing genetic condition, should I not be allowed to obtain life insurance now? It all goes too far. Lets keep what little rights we have left!
"You're papers please."
This is a gross invasion of privacy. It empowers the law enforcement agencies to profile anyone. The police already have significant discretion when deciding who to arrest. So, if this bill is passed, they can target anyone for neary any reason.
I am disturbed when I see this behavior from the federal government, but its absolutely mind boggling to see this kind of legislation from northwest law makers. Is there no place in the U.S. that still respects civil liberties?
I am surprised that the law currently restricts the use of DNA after arrest and before conviction. DNA evidence can be both in favor of or against the criminal. I favor the new legislation.
Where does it all end? "If you have nothing to hide, then you should have nothing to fear..."
When the government shows up on your front door step and want's to search your home because they suspect you might be a bad guy,practicing unsafe sex or they suspect you are a threat to national security, you'll wish you stood up for your what are now your limited rights to privacy.
The problem is NOT the right to obtain DNA; the issue is to reduce crime by fixing the court system, removing arrogant self serving judges (who really run this country) and putting criminals in jail...for life if necessary.
Adding to the DNA data base (weather by choice or under the law) has never been shown to reduce crime or change a criminals behavior.
How about just removing the "bad" DNA from society; get them out of the gene pool.
When a person is arrested he or she is automatically fingerprinted and the prints are checked for any outstanding warrants or to see if that person has a previous record and the prints are kept on file. The next logical step in criminal investigation IS DNA. I really do not see what the problem is with taking a person's DNA when they are arrested. I do not see this as violation of anyone's civil rights. There is one flaw in DNA, though. With fingerprints, no two people have the same fingerprints, not even twins. However, with DNA, twins, triplets, etc. DO have identical DNA, unless one of them has taken a medication of some sort then their DNA is altered slightly, though the alteration is usually temporary. So, perhaps, that would be an argument against taking a person's DNA, but, in my opinion, it would be a weak one.
Washington Lawmakers are considering a bill that would allow police to take DNA from people arrested on suspicion of committing a felony or misdemeanor.
Should authorities have the right to take DNA from people arrested for a misdemeanor?
NO!!! This is a complete violation of are constitutional rights. I can't believe that the supreme court will allow this. I see the law makers trying to do this but they just want to turn our free country into a dictatorship they should leave our country and move to a communist, dictatorship country they completly disgust me.
They should not be given that power to be taking that dna information,without judges order to do so.Those people pushing for that law are welcome to get out of america.
who cares if your DNA is on record... if you dont do anything wrong, then whats the problem? and if you want to talk about invasion of privacy, how about people that invade your privacy by breaking into your house, and only leave DNA behind after they steal everything you own and rape your daughter, youd be begging to have the police match it against the database. as for innocent until proven guilty, if you are shown to be wrongfully arrested or found innocent, then the DNA sample is destroyed, simple as that.
Once they are convicted than you can get the DNA
Just because you are a suspect is no reason to harvest your DNA
What happend to innocent until proven guilty?
I honestly think if a person is up front, honest & law abiding they shouldn't need to worry about their DNA being in any data bases.
I think this would be a great law & help solve many unsolved cases & at the same time hopefully it would help scare others from becoming criminals.
More power to law officers & prosecutors in our country, they need more laws not less laws to help them do their jobs easier!! We need to take the handcuffs off law enforcement officers & put them back onto the criminals where they belong!!
I honestly think if a person is up front, honest & law abiding they shouldn't need to worry about their DNA being in any data bases.
I think this would be a great law & help solve many unsolved cases & at the same time hopefully it would help scare others from becoming criminals.
More power to law officers & prosecutors in our country, they need more laws not less laws to help them do their jobs easier!! We need to take the handcuffs off law enforcement officers & put them back onto the criminals where they belong!!
Response to the previos persons comments that the DNA will be destroyed; there is nowhere in this bill that stipulates that the DNA be destroyed.Once you are on file, that is it, you are on file. This is an outright invasion of privacy. Pay the cops more money to do better police work and we dont need to invade peoples private lives.
We are fast turning into George Orwells 1984! A Police State. Remember, when you sacrifice freedom for security, you have neither! - Ben Franklin.
No, no they should NOT take DNA samples for convicted of misdemeanors. Why? Because Americans are allowed a one time deal after 3 years to have their misdemeaner EXPUNGED from their records leaving them as if the incident never occurred and allowing them better employment opportunities. The DNA tests would remain in the computer banks...NOT FAIR this goes TOO FAR! It is far TOO COMMUNIST/NAZI for thinking people.
Also, what if you pick up and admire a knife, a gun, a shovel, etc. at someones house, and no one touches it after you but for a killer wearing gloves...Guess who's DNA is all over the murder weapon...ah huh, you guessed it YOURS!
We can no longer call us the Land of the Free with Totalitarian tactics such as this.
Felony's OK, they never come off your record.
Not sure whether this bill will make a difference one way or another... Below are a couple articles of interest:
Headline----------
"Mexico drug gangs threaten cops on radio, kill them"
P/O an article in the CA news-------------
SAN FRANCISCO (Reuters) - Federal judges on Monday tentatively ordered California to release tens of thousands of inmates, up to a third of all prisoners, in the next three years to stop dangerous overcrowding.
As many as 57,000 could be let go if the current population were cut by the maximum percentage considered by a three-judge panel.
In response to some posts above who seem the be worried about THEIR civi rights...
Are you all criminals??? The current administration has trampled all over your civil rights by syphoning $billions$ of taxpayer dollars in a spectacular give-away and dropping charges on a scumbag Islamic jihadist who killed our valiant sailors on the USS Cole . So, what's your problem? Buy a gun... And use the Castle Law.
Absolutely against this further "enhancement" of police powers!
For all of you who have suggested that if one is an honest citizen who does not commit crimes that such a person should have no concerns about the collection of this type of information (and assuming you are one of those folks) I suggest that you create, sign and submit to your local police a notarized formal waiver of the requirement that the police obtain a search warrant prior to invading your home. That way they can quickly clear up any anonymous false accusations from former spouses, disgruntled employers, co-workers or neighbors regarding illicit growing operations, child porn or any other such creative "get-evens." But that is o'k because you know that you are innocent and nothing bad will befall you. Got your attorney's card in your wallet????
Turning this another direction I suggest that all arrest records be sealed until there is a plea agreement (admission of criminal activity) or a conviction at trial at which point the record becomes public. Any arrest which does not result in a trial within a reasonable time (to be defined by statute) or results in a trial with a verdict other than guilty will be deleted from the sealed records. Reasonable cause to make an arrest is a very vague concept and with the "power" of the internet can result in a lifetime of trying to explain to prospective employers, etc., even when one is not taken to trial (charges dropped quietly as noted on page 49 of your local newspaper, if at all).
And, no, I have never been arrested but have worked within the "justice" system.
This reminds me of the Deadbeat Dad Law where my 10 year old Sons have to give their SS numbers to get a hunting Licence. Deadbeat Dad my butt, Lets start making a list of people who might own Guns, So far were not Criminals, but I'm tired of being treated like one.
YES I AGREE, THERE SHOULD BE A LAW AGAINST SMOKING IN CARS, OR SMOKING PERIOD.YOU CAN TELL A SMOKERS CAR CAUSE THE WINDOWS HAVE A BLURRY FILM AND YOU CAN SMELL IT.IVE SEEN SO MANY NASTY ASS SMOKERS OPEN THERE DOOR AND DUMP OUT THERE ASH TRAY OR FLICK THERE CIGARETTE BUTTS OUT THE WINDOW.CIGARETTES SHOULD BE TAXED TO THE MAX AND POLICE SHOULD START GIVING TICKETS TO SMOKERS WHO DUMP THERE ASH TRAYS OR THROW THERE BUTTS OUT THE WINDOW.WHATS REALLY FUNNY IS ON A RAINY DAY TO SEE SMOKERS HUDDLED UP TOGETHER TO STAY WARM SO THAT THEY CAN SMOKE THEN WHEN THEY COME BACK IN THEY STINK AND SMELL SO VERY BAD.