I don’t think Crick, Watson, and Franklin ever imagined that their discovery of the structure of DNA would have the implications for crime solving that it has. It is very hard for a criminal to commit a crime and not leave some physical evidence behind e.g., hair, fibers, fingerprints, soil, or blood at the scene. This is especially true of violent crimes.
Senate Bill 1228 is designed protect sexual assault victims’ privacy by prohibiting DNA profiles from victims from being used for any purpose other than to identify the perpetrator in their assault. If victims of sexual assault have themselves committed crimes, there are other victims. Don’t they deserve that all the resources available to law enforcement be used to find and punish the perpetrator? Where is justice for them?
Interesting letter, Mr. Baker. After reading your letter, I have more questions… What about folks who provide DNA to be “excused” off a list of potential suspects? They’ve consented. What happens to their DNA profiles (I doubt they’re erased, especially if there are active/cold cases)? What happens to DNA profiles from those gathered from “trash” (abandoned DNA)? They haven’t consented yet haven’t they been allowed to further criminal investigations? What about DNA samples collected from persons arrested on probable cause (but not convicted) for felonies (I believe CA does this)? Will this new bill allow victims of assault to now perpetrate felonies with no worries about DNA? I guess the bottom line is… What’s more important, solving violent, or any, crimes, or allowing criminals to remain free? Or (especially in the current atmosphere) are we worried about incidents of “show me the man and I’ll show you the crime”?
The 4th Amendment is clear, courts have ruled, and the federal government has recognized that DNA is private and can only be collected by consent or with a search warrant, AND, that DNA given by consent can ONLY be used for the purpose granted by that consent. People who have been sexually assaulted should be able to report the crime without fear that their DNA will be kept by local police or shared in state or national databases forever, OR used in criminal investigations in the future. Federal law already prohibits the inclusion of victims’ DNA in the national Combined DNA Index System (CODIS). Without the protection this California bill would grant, sexual assault survivors may not come forward to report the crimes against them leaving rapists free to continue their reigns of terror.
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(3) comments
Interesting letter, Mr. Baker. After reading your letter, I have more questions… What about folks who provide DNA to be “excused” off a list of potential suspects? They’ve consented. What happens to their DNA profiles (I doubt they’re erased, especially if there are active/cold cases)? What happens to DNA profiles from those gathered from “trash” (abandoned DNA)? They haven’t consented yet haven’t they been allowed to further criminal investigations? What about DNA samples collected from persons arrested on probable cause (but not convicted) for felonies (I believe CA does this)? Will this new bill allow victims of assault to now perpetrate felonies with no worries about DNA? I guess the bottom line is… What’s more important, solving violent, or any, crimes, or allowing criminals to remain free? Or (especially in the current atmosphere) are we worried about incidents of “show me the man and I’ll show you the crime”?
The 4th Amendment is clear, courts have ruled, and the federal government has recognized that DNA is private and can only be collected by consent or with a search warrant, AND, that DNA given by consent can ONLY be used for the purpose granted by that consent. People who have been sexually assaulted should be able to report the crime without fear that their DNA will be kept by local police or shared in state or national databases forever, OR used in criminal investigations in the future. Federal law already prohibits the inclusion of victims’ DNA in the national Combined DNA Index System (CODIS). Without the protection this California bill would grant, sexual assault survivors may not come forward to report the crimes against them leaving rapists free to continue their reigns of terror.
I agree with your comment, Mr. Wiesner. Thank you for posting it.
Welcome to the discussion.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.