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Governor Eliot Spitzer proposed that the state’s current database of DNA samples be expanded to include samples from people convicted of nearly any crime, including misdemeanors such as unauthorized use of a credit card, harassment, and minor drug offenses. He is expected to introduce a bill regarding the database to the state legislature this week.
At present, the state of New York collects DNA only from individuals convicted of more serious crimes, typically violent offenses. The database began in 2000, and originally collected samples only from individuals convicted of sex crimes and certain felonies. In expanding its database to encompass all felonies and most misdemeanors, New York would stand alone. Mr. Spitzer is also proposing that mandatory DNA sampling be done on all prisoners in the state and all individuals on parole, those on probation, and all registered sex offenders.
DNA Collection, Law Enforcement, and Exoneration of the Innocent
Mr. Spitzer explained that, “This legislation will help us bring the guilty to justice and exonerate those who have been wrongly accused.” Police and prosecutors nationwide have lauded the DNA collection concept as a very effective tool in law enforcement. In New York, for example, almost 4,000 matches of DNA have been identified in criminal cases, identifying the defendant.
Passage of the governor’s bill would make it easier for defendants and prisoners to obtain a court order to get their DNA tested against evidence that was collected in their cases. It would also allow prisoners who pleaded guilty to later get DNA testing that could prove them innocent.
In addition, many defense lawyers have found DNA testing to be crucial in exonerating their clients. According to the Innocence Project, based in Manhattan, DNA testing has led to the exoneration of more than 200 people nationwide who had been convicted of serious crimes, including many who received the death penalty.
Concerns about Privacy and Abuse of Data
However, many civil liberties groups have opposed the broad DNA sampling of populations, in light of how the samples could be used beyond the identification of criminals and exoneration of the innocent. They note that in contrast to fingerprints, DNA samples provide a significant amount of personal information that could be misused.
(Source: New York Times)
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