news-record.com

OPINION

Editorial: DNA testing requires care

Tuesday, August 4, 2009
(Updated 3:00 am)

 

N.C. Attorney General Roy Cooper gave a push last week to DNA collection from all criminal suspects. He makes a good point from a law-enforcement perspective, but this is an issue where authorities should be careful they don't push too hard.

Although a bill was filed in the current legislative session, Cooper didn't specifically endorse the measure or ask for immediate action by the General Assembly. Nor did he spell out in remarks to the N.C. Sheriffs Association exactly what provisions he'd like to see.

The basic idea is to take DNA samples from individuals arrested on suspicion of committing a crime rather than waiting until conviction. Having the information earlier would allow authorities to check a database to see whether the suspect is wanted in some other jurisdiction or has a record for similar offenses.

The state chapter of the American Civil Liberties Union objects that such a procedure overturns the principle that a defendant is innocent until proven guilty. The same argument could rule out taking fingerprints, photographing a suspect or noting other physical characteristics. It's appropriate for authorities to identify anyone taken into custody with as much precision as possible, as long as they aren't unreasonably intrusive in the process.

The difficulty lies in determining what's reasonable. The bill introduced in the state House, now lying dormant in committee, would cover individuals arrested on felony charges, not misdemeanors. The suspect would be required to give a blood sample, but if he objected to that, saliva, hair or other "appropriate" biological material would suffice. "No unreasonable or unnecessary force shall be used to obtain the DNA sample," the proposal said.

Any DNA requirement also should contain a provision to purge a person's DNA record from a database if he is acquitted of the charges against him.

This should be a tool for solving crimes, not for violating the privacy of innocent people. A push for law-enforcement help should not give license to shove aside legitimate concerns for people's rights.

eMail Updates

Advertisement | Advertise with Us

Featured Ads

Search

Advertisement | Advertise with Us
Advertisement | Advertise with Us
Advertisement | Advertise with Us

News & Record Network Sites

User Tools

  • Social Networking
  • RSS
  • Share
  • Sign in to MyNR

Search