Blog Post 10- DNA Databases
Topic:
Current law in the U.S. allows DNA to be taken from sex offenders and those convicted or accused of a serious crime. The information is maintained in a national DNA database. The database has been used both to prosecute crimes and to exonerate those wrongfully convicted. With some exceptions, most notably the military, the federal government may not collect DNA from ordinary citizens. Several states, including Utah, have statutorily allowed the collection of DNA from persons arrested and subsequently charged with felonies. In Utah, DNA samples of those arrested, but never charged or later exonerated, must be destroyed. In contrast, Britain more widely collects DNA from ordinary citizens, often in “DNA dragnets” where, for example, DNA samples of all male citizens in a given community are taken to aid in the investigation of a rape. The samples are maintained in a national database.Opine on whether the creation of a national DNA database consisting of DNA from every citizen collected through a mandatory collection program would be sound public policy and explain and justify your view.
Overview:
A little over a hundred years ago a suspect could leave a pool of his own blood at the scene of a crime and all the police could do was mop it up and stick with their hunch. Those days are long gone. Now if there is even something as small as an eyelash left at a crime scene the police can find the identity of the perpetrator almost instantly thanks to the help of forensics and DNA databases. Deoxyribonucleic Acid or DNA for short is a chemical found in every cell of every living organism on this planet. Made up of 23 pairs of chromosomes and every single one is different due to the different ordering of 4 nitrogenous bases. Every person has their own individual sequence and by comparing DNA found on cells of a crime scene the police can find out who done it. But, there is a catch.
In order to effectively use this DNA to solve a crime there already has to be a record somewhere of your specific genetic code. Starting in 1994 the US government allowed for the collection of this DNA to be put into a database so that if the same person committed multiple crimes they would be identifiable the second time because their DNA would already be on record. "The database originally tracked only sex offenders, but has expanded to include all people convicted of a qualifying federal offense. Some states and the federal government have also begun collecting DNA samples from people who have been arrested for a crime but have not yet been convicted, as well as from detained immigrants" (1). These databases have been responsible for both convicting perpetrators and exonerating falsely convicted persons. However, advancements in technology and a more modern mindset have started to raise questions about the collection of DNA for storage.
Privacy Concerns:
Due to the fact that DNA is linked to one specific individual there are some concerns about how it will be used once in the data bank. Firstly, there is a concern that this DNA will be used to track individuals or their relatives. Every time you touch anything you leave a trace of your DNA on it at this could be used to track people or see who all has been in a specific place recently. While this is good for forensics during criminal investigations, it is bad if it falls into the wrong hands or the government decides that they want to follow you and know where you go. Secondly, "in order to be useful to track suspects, DNA records are linked to other computer records such as records of arrest, which can be used to refuse someone a visa or a job, or lead to them being treated differently by the police" (2). Finally, there is the fact that DNA can be analyzed to find health and genetic patterns such as if a person is more likely to develop different diseases or whether or not they are fertile. This information that people may not even know about themselves, let alone want to be known by others around them. In addition to all of these concerns there is the fact that there are already other problems with the justice system right now such as racial and religious bias. These DNA databases could create an even larger distrust between the law and the people because people could face even more prejudice based upon certain characteristics shown in their DNA.
Benefits:
On the flip side of the coin there are a ton of benefits to having DNA databases. Primarily, the hypothetical of having a database of the entire nation. That would save the police force so much work. Every case could be solved so quickly because if there was any tiny bit of DNA from the criminal at the scene of a crime they would immediately be able to link it to the DNA of the person who committed the crime. No more long drawn out searches for criminals. Trial would be so simple because they would have evidence already with just the DNA itself. Now you would probably still want to do some investigation because DNA analysis still isn't 100% and there is always the twin argument, but it is still more effective than what we currently have. In addition to being able to convict criminals quickly, we would also be able to prove people innocent just as easily. This way if your DNA was found at the crime and you didn't commit the crime you would have nothing to worry about. This database would be so effective if implemented that it could slow crime rates everywhere because it is nearly impossible to commit a crime without leaving any DNA and committing a crime in this system is essentially a one way ticket to jail for the correct suspect with little to no chance of someone getting falsely arrested.
Current Laws/Regulations:
Utah law states, "People convicted of any felony or sex crime misdemeanor must submit a DNA
sample to state officials . The state also collects DNA for those convicted of
class A misdemeanors. Sample collection applies to juveniles" (3). Additionally, a convicted criminal can apply for a post conviction DNA test, but the test has to have a chance to produce new evidence to prove innocence.
"The national DNA database system has three basic levels: first, local governments collect DNA information in their own databases. The local government can submit approved DNA profiles to their states own DNA database" (1). This system allows each state to set up their own specific rules, but in the end the national government still gets the DNA it desires.
My Opinion:
I believe that the pros of creating a massive database will the DNA of everyone in the United States vastly outweighs the cons. It could be set up that at birth you have a small DNA sample taken since your DNA doesn't change as you get older. Being able to speed up all of the police work and never have to worry about false convictions would be so beneficial to the American justice system. I believe that this would reduce crime rates nationwide and wouldn't really be that difficult to implement. You would have to figure out a way to get every current resident into the database, but this would make the system more fair anyways because currently ethnic minorities and young people are over-represented, creating resentment and anti-police feeling. Two-in-five black men have their DNA on record, as against fewer than one-in-ten whites" (4). After implementation everyone would be equal and we would be able to solve any crime with more efficiency and more effectively. The biggest concern would be to make sure that this database is heavily encrypted and only people with a certain clearance would be able to access it. It would be similar to the way that medical personal now use the HIPAA in order to keep patient information confidential. To me the idea of helping the judicial system run smoother seems extremely more important than the chance of people stealing DNA which you can already do fairly easily.
