From the Maryland Criminal Defense Lawyer Blog
The Maryland House of Delegates is proposing a new DNA collection law pushed by Governor O'Malley. Under the proposed law, Maryland police and law enforcement agencies would routinely collect DNA samples from anyone arrested for a criminal charge in Maryland. The result would be an expanded database of DNA from which to search in future cases, but civil libertarians argue that it is a violation of the rights of a person who has not been convicted of a crime.
Similar laws are in place in 12 states, including Virginia, and are being actively considered in 22 other states, including Pennsylvania, New Jersey, and Connecticut.
Members of the Maryland legislatures Black Caucus are against the proposal, saying that it unfairly targets African-Americans, who are arrested at a much higher rate than whites. Supporters of the bill suggest that it is no more of a violation than collecting fingerprint samples during the booking process, but DNA is arguably much more personal, and contains sensitive and detailed information about a person's medical history and background.
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
6 comments:
Wymzie,
I believe that it's no different than fingerprints. I can't think of any single technology that's had a greater impact on law enforcement as fingerprints where it relates to the conviction of guilty suspects AND the clearing of suspects who were not guilty. The impact fingerprints has had is likely to be pale in comparison to that which a DNA database could have. It's a delicate balancing act trying to maintain civil liberties while trying to ferret out the truth while conducting criminal investigations. So much so that it keeps the SCOTUS busy addressing 4th amendment issues.
I don't believe that the DNA database is anymore invasive than finger prints. I do, however, suspect it costs a good bit more to establish and maintain.
Unfairly targets African-Americans, who are arrested at a higher rate than white Americans? Gee, I wonder why that is. Could it be that African-Americans commit crimes at a higher rate that white Americans? Ya think?
When are we going to be called nothing but AMEREICANS ? Not African American. We are AMERICANS. We maybe proud of our heritage and rightly so.
BUT WE ARE AMERICANS. Let's stop being something else. If We don't want to be an American then leave this country.
I think the bill in question is SB211, which was signed by O'Malley in May. Check it out here:
http://mlis.state.md.us/2008rs/bills/sb/sb0211e.pdf
No difference between this (DNA collection)and a database of fingerprints.
ANYTHING that will prosecute more thugs to gain convictions, I'm all for.
My issue here is that the DNA is being taken from people being arrested. We are innocent until proven guilty!
This is the basis of our legal system.
If they want to take DNA of every last one of the convicted prisoners, I don't have a problem with it. But to take from an arrestee completely ridiculous.
What if one of you decides to go to DC and be a part of a peaceful demonstration against lets say gas prices, and someone starts some trouble and you happen to be arrested in the fray.
You are exercising your right to assembly, and they take your DNA! This is unacceptable! We are laying down and taking this. You guys have got to start thinking about the liberties that you are giving up in the name of security.
Freedom isn't free!
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