I suppose that applies to fingerprints and mug shots as well.
Posted on 12/27/2004 1:58:25 PM PST by Coleus
Criminals can demand that their DNA samples be destroyed after they complete their prison sentences, a state judge ruled yesterday.
The ruling by Superior Court Judge Jack Sabatino, who sits in Mercer County, severely limits a 2003 law that requires everyone convicted of a crime to submit a DNA sample.
"Once a felon has paid his or her debt to society and has fully resumed civilian life, the state's right to maintain that person's DNA sample withers," Sabatino wrote.
Attorney General Peter Harvey said he will "immediately" appeal the ruling, saying it undermines the whole purpose of maintaining a DNA database: "To determine if a career criminal has done it again."
Harvey said that it if is upheld, the decision would thwart the state's efforts to catch "serial murderers, serial robbers, serial burglars" and could jeopardize more than $10 million in federal funding.
The American Civil Liberties Union, which feared the law would allow the state to indefinitely keep sensitive genetic information on everyone who had ever been convicted of any crime, hailed the ruling as a significant, if partial, victory.
Harvey contended that mug shots and fingerprints are kept long after a convict completes parole and DNA samples should be as well. DNA "is the 21st century fingerprint, and it's more accurate," he said.
"A DNA sample has the scientific capacity, whether it is utilized by the government or not, to reveal far more information about a person than his or her outward appearance or the contours of his or her fingerprints," Sabatino wrote. "Subjected to certain laboratory analyses, a DNA sample may expose massive amounts of private traits such as a person's family history, health and propensity for certain diseases."
(Excerpt) Read more at nj.com ...
I wonder how the liberal NJ Supreme Court will rule on this?
I have mixed feelings aobut this issue. There is way too much intrusion by the government already, and I'm loath to have more.
I left the service 22 years ago can I get my fingerprints removed?
If you cannot connect the dots why should you be able to have a unlimited source to choose from?
Idiot judge.
As stated in the article, DNA in this context is for identification. It is no different than a fingerprint for this purpose.
That it can be used to determine a person's susceptibility to certain genetic diseases seems comprehensively irrelevant when what we're trying to do is catch a rapist.
We are going further and further away from sanity.
It's like the anti-three-strikes law.
Re: Your tag line. Specter sir, I repeat Specter!!!
Noted!
So ban the government from so utilizing the sample, at least without court permission and appropriate safeguards. The ID use can be maintained. By the courts logic they should purge the entire criminal record after time is served. Never again charge anyone with 2nd offense anything. Even for NJ courts this is too much.
You got it. Police DNA should be used only for purposes that will help catch criminals. I see little or no difference from fingerprints when used for this purpose.
Except that it's a lot easier to leave DNA lying around.
Ask Clinton.
If they policy is to collect the DNA of those convicted of crimes, how does one become an "ex-convict"?
If one is a murderer, how does on become an ex-murderer?
Bill Clinton cheated on his wife, when will he be an ex-cheat?
Just because a criminal pays a fine, or does some time, the fact will remain forever, that he committed a crime.
If one wishes to avoid being tagged a criminal, the answer is really simple.
I agree. The whole idea that doing prison time is "paying one's debt to society" is pernicious nonsense. It's not like paying your electric bill.
Unfortunately, this is a case where the judge appears to have made an erroneous finding of fact, not sure if that can be overturned on appeal as it could be if he had been wrong on the law.
New Jersey? LOL When are you all going to learn that there is no law in that state?
I suppose that applies to fingerprints and mug shots as well.
When you get convicted of a felony you lose rights. It's quite different to have a database of the DNA samples of convicted felons rather than just people who have been arrested.
judgejms@crab.rutgers.edu
What does crab.rutgers mean?
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