DNA analysis: A futuristic fingerprint or something more?

Ruling by the United States Supreme Court could affect whether law enforcement officials can take DNA samples from those arrested for violent crimes.

2013-04-19

April 19, 2013 (Press-News.org) Many states across the nation have passed laws requiring the collection DNA from those arrested for violent crimes, even before conviction for the crime. In Virginia, an individual arrested for a violent felony or for the attempt to commit such a crime must provide a saliva or tissue sample for DNA (deoxyribonucleic acid) analysis. The criminal charge itself is enough to trigger the requirement.

DNA samples are then stored in a DNA data bank by the state Department of Forensic Science. In some cases, the state provides the DNA samples to CODIS, which is a database of national scope maintained by the Federal Bureau of Investigation.

What happens to the sample if a jury later finds that the individual was not guilty of the charged crime? A clerk of the court notifies the Department of the outcome in the case. When a charge is dismissed or an individual is acquitted at trial, the Department then destroys the sample and all record of it.

In 2007, the Virginia Supreme Court found that taking a tissue sample of an arrestee for DNA analysis was similar to a fingerprint and thus did not violate the Fourth Amendment of the U.S. Constitution. Now a similar case from a Maryland court is pending before the highest court in the country.

Constitutionality of DNA collection before conviction: Maryland v. King case

In Maryland v. King, Alonzo King was arrested for an assault that involved a firearm. During the booking process, officials swabbed his cheek to take and completed a DNA analysis. Maryland law is similar to Virginia in that it requires saliva or tissue samples for anyone arrested for a crime of violence or burglary.

The DNA analysis linked King to an unsolved rape case. King was convicted of the rape; however, Maryland's highest court later overturned the conviction. The court found that the state violate the Fourth Amendment ban on unreasonable searches by taking the King's saliva for DNA analysis.

Opponents of the DNA collection laws argue the laws are an invasion of privacy and a way to short-circuit requirements that officials need to have reason to suspect an individual before completing a search. Supporters of the laws say that a DNA profile is similar to a fingerprint and does not disclose physical characteristics, propensities or medical conditions.

The court has until this summer to issue a written decision. If the action of the Chief Justice in allowing the state to continue DNA collection while the case is pending is any indicator, the court will uphold the constitutionality of DNA collection prior to conviction.

This case offers a look into how criminal law continues to evolve and change. If you are charged with a crime, it is important to consult with an experienced criminal defense attorney. A lawyer can ensure your rights are protected from charge to resolution and spot any possible defenses available.

Article provided by Weimer & Boyce Lawyers
Visit us at www.weimerboyce.com

ELSE PRESS RELEASES FROM THIS DATE:

Researchers develop new mesothelioma detection method

2013-04-19

Mesothelioma is a terrible disease. It is a serious cancer that is caused by exposure to asbestos fibers. Sadly, mesothelioma is difficult to treat and is almost always fatal. A lot of the challenge comes from the fact that mesothelioma is so hard to detect. The cancer forms in the lining of the lungs or other organs and develops slowly over time, sometimes becoming apparent only decades after the initial exposure to asbestos. Researchers have been working on new ways to diagnose mesothelioma with the hope that earlier detection could improve survival rates, or, at ...

Minnesota foreclosure rate drops, but problems persist

2013-04-19

There's no disputing that the foreclosure crisis has taken a huge toll all throughout Minnesota. Nearly everyone knows someone who lost their home during the Great Recession, or who got into serious trouble after falling behind on their mortgage. Thankfully, data suggests that the problem is getting better. A recent report from the Minnesota Homeownership Center shows that the number of Minnesota homes lost to foreclosure in 2012 was lower than at any point since the crisis began in 2006. Statewide, the number of foreclosure sales fell by 16 percent from the year before. ...

Chapter 7 bankruptcy: might an alternative approach be better for you?

2013-04-19

Overwhelming debt can happen to anyone and it's not a reflection on character. Especially in the current economy, a financial challenge can be the tipping point for an individual or family toward crushing debt. For example, unexpected and unplanned-for divorce, medical emergency, interruption of medical insurance coverage, job loss, breadwinner death or another similarly serious situation could send many an American into a financial abyss. If you face a financial crisis, talk to an experienced bankruptcy attorney about whether bankruptcy might be the right answer for ...

Butler, Wooten & Fryhofer Has Successfully Handled Airbag Defects Similar to Current Takata Recall

2013-04-19

TK Holdings ('Takata') recently announced a massive recall of defective airbags on more than three million vehicles in use in the United States. The potentially dangerous airbags were installed as original parts in the following: - Toyota: 2001-2003 Corolla, Matrix, Tundra, Sequoia and Lexus SC 430 - Mazda: 2003-2004 Mazda 6 and 2004 RX-8 - Nissan: 2001-2003 Maxima, Infiniti FX, Infiniti QX4, Pathfinder and Sentra - Honda: 2002-2003 CR-V, 2001-2003 Civic and the 2002 Odyssey - General Motors: 2003 Pontiac Vibe All vehicles involved require inspection to confirm ...

Common Myths About Disability And Social Security Disability Benefits

2013-04-19

There are many things you can do, if you are disabled, that will not in themselves cause you to lose your case. For instance, you can actually attempt to return to work-if you can't handle the work in under three months, you are still entitled to benefits. Trying to get whatever enjoyment you can from life, despite your pain and limitations, will not keep you from getting benefits. You can spend time with your family and friends, you can take a small trip from time to time, or go to the movies or a concert. Doing light housework or exercise will not hurt your case. If you ...

Save 15% During King Jewelers Diamond Earring and Diamond Pendant Sale in Nashville, TN

2013-04-19

In honor of a month-long Diamond Extravaganza in Nashville, King Jewelers will be holding a number of exclusive diamond specials throughout April. King Jewelers, Nashville's leading local jeweler and authorized luxury brand retailer, will be running a special sale on their private collections of diamond stud earrings and classic pendants with diamond certifications from GIA (Gemological Institute of America), Forevermark, and EGL USA. Customers will be saving up to fifteen percent on stunning diamond stud earrings during this diamond jewelry sale. Each pair of diamond ...

Foresters UK Teams Up with Operation Shoebox UK to Support Serving Soldiers

2013-04-19

Foresters, the international financial services organisation, are proud to announce that they have partnered up with Operation Shoebox UK - an innovative mission which supports serving soldiers by sending them shoeboxes of necessities and goodies. The idea of Operation Shoebox UK is simple - yet makes such a huge difference to the troops in Afghanistan - providing them with a shoebox full of much needed basics (such as toothbrushes, toothpaste and foot powder) to goodies (such as magazines, pens, and hot chocolate). Most importantly, it reminds them that they are ...

Palm Communities Celebrates the Groundbreaking for Mesa Commons Apartments in San Diego, CA

2013-04-19

Mesa Commons Apartments is an affordable housing development with a strong sense of place. The idea behind it is to incorporate sustainable aspects through walkability to amenities and the implementation of "Green" technologies. This 77-unit affordable community will serve large families with incomes between 30% and 60% of the Area Median Income (AMI). The subject site is a 4.08 acre vacant parcel with primary access from El Cajon Boulevard and with full view from the main road. The surrounding neighborhood is single-family homes adjacent to a commercial corridor. ...

Managing Risk in Healthcare Through Lean

2013-04-19

Risk management in the hospital setting is complex. Too often it is viewed as "risk elimination," resulting in complex solutions that add an increased burden on caregivers, slow the process of care, and cost more than they save. In this one-day workshop, participants will learn another way to view risk management--through the lens of Lean. By applying Lean principles, healthcare environments can better understand processes that fail and redesign them to eliminate waste and improve safety. They can make risk management something that everyone is involved in, ...

Children's Author Publishes Fourth Book in the Educational Rachel Raccoon and Sammy Skunk Series

2013-04-19

Progressive Rising Phoenix Press is pleased to announce that they have released the fourth book in the Rachel Raccoon and Sammy Skunk Series by author Jannifer Powleson. These books contain colorful photos, realistic illustrations, and entertaining characters that combine to teach children about nature. In Powleson's latest book, Rachel and Sammy Learn to Conserve, Rachel, Sammy, and their classmates help children discover that everyone's a winner when they conserve the earth's natural resources. Readers will learn all about planting trees and native plants, soil, ...

DNA analysis: A futuristic fingerprint or something more?

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: