Thursday, April 17, 2008

Government to collect DNA samples from arrested persons

More great news! It now seems that the DHS wants to to build a gigantic DNA database of everyone even arrested (not CONVICTED) relating to a crime, regardless of the person's innocence.

This has huge implications for privacy and presumption of guilt. As the Council for Responsible Genetics puts it:

DNA databanks are not required in order to use DNA testing to establish evidence of guilt or innocence when there is a known group of suspects for a crime: a DNA sample can be taken from each individual and compared directly with a crime scene profile. Few people have problems with this use of DNA.

The permanent retention of DNA in a database for use in future investigations, however, is another matter. An individual captured in a police database becomes an automatic suspect for all future criminal investigations where database searches are performed. This undermines the presumption of innocence that is central to criminal justice systems in the US, UK and most democracies around the world.

Setting aside this fundamental problem, benefits of the use and expansion of these databases must be weighed against their societal costs. While the temptation on the part of law enforcement to put more and more people into the database seems logical (i.e. one would assume the more inclusive the database, the more likely a positive identification can be made), in practice, the benefits of expansion may be limited. In the UK, despite the large number of people in the database, DNA profiles are obtained from the examination of less than 1% of crime scenes, so that in 2002/3 only 1.6% of all crime detections were attributed to DNA database matches (including only 0.3% of all detections for violent and sexual offenses). Such a small contribution to crime detection may not warrant the onerous financial costs of large DNA databases, not to mention the dilatory effect backlogs have on crime solving.

At the same time, there are many reasons to be concerned about the use and expansion of police databases.[11] These include: impacts on people's privacy, potential for misuse by governments, discrimination, and the possibility of error and wrongful conviction.

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