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ACLU files suit against Proposition 69
Contra Costa Times ^ | 12/7/4 | Nathaniel Hoffman

Posted on 12/07/2004 12:57:18 PM PST by SmithL

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To: calcowgirl

Background checks on firearm purchases will be instant. Just wait for them to examine your doctor's psychological profile (you haven't been depressed have you?), your criminal background, and ADD this purchase to your permanent record (and you thought that what happened at grade school STAYED in grade school).


101 posted on 12/07/2004 4:56:27 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: weegee
I oppose keeping the fingerprints of people who have been determined to be "innocent" whether the prosecutor is unable to convince the jury of guilt or the district attorney drops the charge altogether.

So do career criminals, and they applaud your stand on their behalf.

How often does it happen that fingerprints taken in one case match those found in another? Rather frequently.

If someone is arrested and printed, and later released, their prints sit in a database and do nothing, unless those prints later match a crime scene. The world is imperfect, but that's a better one than you're proposing, which would leave many crimes unsolved and unprevented.

102 posted on 12/07/2004 4:58:10 PM PST by Fatalis
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To: Fatalis
But we aren't talking about anything random, we're talking about prisoners and arrestees.

1/3 of arrestees are found not guilty or never prosecuted.

SF Chronicle: Proposition 69 could threaten privacy of DNA:

The numbers are significant. In his advance release of Crime in California 2003, state Attorney General Bill Lockyer reported in July that there were just over half a million felony arrests -- not convictions -- in the state. Under Proposition 69, all 507,081 would be required to relinquish their genetic material -- even though statistics show that approximately one third of those arrested would have the charges dismissed or be found not guilty in a court of law.
Under Proposition 69, approximately 170,000 INNOCENT people would submit their DNA to the state.
103 posted on 12/07/2004 5:00:19 PM PST by calcowgirl
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To: weegee

And darker yet. (I get it -- and don't like it!)
You tryin' to ruin my whole evening? LOL


104 posted on 12/07/2004 5:04:44 PM PST by calcowgirl
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To: TheOracleAtLilac
Prop 69 is aa real "long shot" on crime solving. Previous criminals: you've got their DNA

Not without Proposition 89 they didn't. One of its functions was to authorize the swabbing of prisoners and including their DNA signatures in a database.


Non-previous criminals (Suspects): get a warrant for DNA.

Proposition 69 doesn't affect suspects, permission or a warrant would still be required. All you're left arguing about is arrestees.

105 posted on 12/07/2004 5:05:41 PM PST by Fatalis
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To: calcowgirl

I can't beleive I'm going to say this but, the ACLU is right on this one...damn, I can't beleive I said that!

Anyway, here's MY definition of what ACLU stands for:

Assinine Liberal Communists Utopia!


106 posted on 12/07/2004 5:07:34 PM PST by Jackal007 (Saber Six...Out!)
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To: calcowgirl
Under Proposition 69, approximately 170,000 INNOCENT people would submit their DNA to the state.

Without Proposition 69, the same number of arrestees would still be cuffed, detained, and fingerprinted. I suppose we shouldn't do any of those things either.

107 posted on 12/07/2004 5:08:37 PM PST by Fatalis
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To: Fatalis

If we are going to tag and release (no prosecution) then EVERYONE needs to be tagged. Otherwise it is incomplete.

You agree? The unsolved cases outweigh your own privacy, right?

And if you are pulled in as the suspect in a case you weren't involved in, you can handle the expense and the media harassment, no?


108 posted on 12/07/2004 5:08:45 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: weegee
If we are going to tag and release (no prosecution) then EVERYONE needs to be tagged. Otherwise it is incomplete.

You agree? The unsolved cases outweigh your own privacy, right?

No, the police have more discretion with arrestees than they do with Joe Citizen, including handcuffs, detention, and fingerprinting. SOP. Proposition 69 adds the dreaded oral swab to the list


And if you are pulled in as the suspect in a case you weren't involved in, you can handle the expense and the media harassment, no?

It happens so often, I'm used to it.

Proposition 69 will not affect the likelihood that I will be mistakenly arrested.

109 posted on 12/07/2004 5:13:47 PM PST by Fatalis
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To: Fatalis

What are we talking about? Fingerprints or DNA?

You seemed quite content to let innocent people remain in a database of fingerprints because of unsolved cases. We could solve even more of those cases if everyone was in there.

Now you want people who were wrongly accused to remain there. Or is EVERYONE guilty, just not successfully prosecuted?


110 posted on 12/07/2004 5:17:01 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: weegee
You seemed quite content to let innocent people remain in a database of fingerprints because of unsolved cases. We could solve even more of those cases if everyone was in there.

Yes I am content to do just that.

Do you see no difference between fingerprinting arrestees and fingerprinting everyone?

111 posted on 12/07/2004 5:22:00 PM PST by Fatalis
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To: Fatalis

Nope not when you include the innocent. Why some innocent but not others?

If it is so good, put everyone in there.

If there is no abuse, put everyone in there.

None of this "us and them". Some people want a red light district established where people can do "things". No one wants it in their neighborhood/backyard.


112 posted on 12/07/2004 5:29:00 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: weegee
Nope not when you include the innocent. Why some innocent but not others?

Why are some people arrested, and not others? That's life.

Speaking of life, think for a moment on yours -- who has had more negative impact on your civil liberties, criminals or the police?

I submit that far more people are victims of crime than are mistakenly arrested.

113 posted on 12/07/2004 5:33:19 PM PST by Fatalis
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To: Fatalis
As someone pointed out, people rolled over on the fingerprint issue many years ago. As to the DNA, I'm not ready to roll over and play dead on that one. I think it is a violation of privacy and a huge step down the slippery slope. I support the ACLU on this one (which pains me greatly, because I find them to be wrong 99.9% of the time)

"people willing to trade their freedom for temporary security deserve neither and will lose both"

114 posted on 12/07/2004 5:37:34 PM PST by calcowgirl
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To: Jackal007

LOL. I'm with ya!


115 posted on 12/07/2004 5:38:09 PM PST by calcowgirl
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To: calcowgirl
As someone pointed out, people rolled over on the fingerprint issue many years ago. As to the DNA, I'm not ready to roll over and play dead on that one. I think it is a violation of privacy and a huge step down the slippery slope.

Yet slippery slope arguments are, of course, fallacious.

Take your fingerprinting example -- is everyone now required to give fingerprints? No.

What happened to that slope?

116 posted on 12/07/2004 5:44:47 PM PST by Fatalis
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To: Fatalis
The slope is not fallacious... it is outlined in the law itself. The criteria for who is subject to the test is expanding and is captures an increasingly less violent offender. First we had persons convicted of "serious or violent felonies", then all convicted AND arrested for certain crimes, and then all arrested for any felony offense. Slide to the bottom and what then? All applying for a drivers license?
San Diego Union Tribune

Existing law states that any person convicted of a serious or violent felony, including rape and murder, must give a DNA sample so that it can be compared with DNA evidence from crime scenes for a possible match.

This measure would gradually expand the number of people required to give a DNA sample: all convicted felons, all convicted of a sex offense, including a misdemeanor, and all arrested for felony sex offenses, murder or voluntary manslaughter.

In 2009, all adults arrested for any felony offense would have to give a sample.


117 posted on 12/07/2004 6:09:27 PM PST by calcowgirl
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To: F.J. Mitchell
re # 31 and an answer

Their agenda is a two class system: (1)Those non-Christians in power...and(2) those who will do as they are told.

Ther ACLU is not a warm, multi-religious, fuzzy or fair minded organization of lawyers.

118 posted on 12/07/2004 6:15:00 PM PST by squirt-gun
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To: calcowgirl
The slope is not fallacious...

Slippery Slope Fallacy


it is outlined in the law itself. The criteria for who is subject to the test is expanding and is captures an increasingly less violent offender.

The expansions have taken place with new laws, not with expansions of the old laws. To say that a law will necessarily lead to some further unacceptable form of that law is to engage in the fallacy.


Slide to the bottom and what then? All applying for a drivers license?

Does Proposition 69 require DNA samples for drivers licenses? That would require another law, and that law would not pass.

119 posted on 12/07/2004 7:49:39 PM PST by Fatalis
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To: lilylangtree
"DNA testing eliminates the need for a lie detector test which ISN'T admissible in a court of law."

How is that? Genes do not indicate who is truthful. In fact have nothing to do with it.
120 posted on 12/07/2004 8:34:33 PM PST by JSteff
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