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White House Seeks to Expand DNA DATABASE...
USA Today ^ | 4/15/2003 | Richard Willing

Posted on 04/16/2003 6:35:26 AM PDT by michaelje

Edited on 04/13/2004 1:40:32 AM PDT by Jim Robinson. [history]

WASHINGTON

(Excerpt) Read more at usatoday.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: 4thamendment; bush; database; dna; doj; fbi; genetics; privacy
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To: dirtboy
And if they are acquitted, there is no penalty or punishment assigned. That is also part of due process. If you allow the government to put the DNA of an innocent man in a criminal database, it's just a simple additional step to have EVERYONE submit their DNA - because you have trampled over due process to achieve your goals.

Due process of law means merely that -- the government cannot deprive you of life, liberty, or property except in accordance with the law. Different Constitutional provisions address which types of laws can be enacted, and which types of laws cannot be enacted.

To put this entire issue in perspective, contrast the potential abuses of DNA databases (if any) with a real life example of gross abuses of our freedom: the pervasive (and pernicious) use of progressive taxation to redistribute wealth in this country from those who earn it to those who don't -- "from each according to their ability, to each according to their needs," not in a Communist country, but right here in the USA. From my perspective, obsessing about potential abuses of DNA databases doesn't even rise to the level of focusing on the gnat on the elephant's butt.

161 posted on 04/16/2003 12:28:08 PM PDT by kesg
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To: Protagoras
No offence, but you need a remedial course in civics. You have a flawed understanding of the constitution and rights.

No offense taken, but "I disagree" would have taken many fewer words to write and would have been much closer to the actual truth.

162 posted on 04/16/2003 12:33:03 PM PDT by kesg
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To: kesg
I agree, I started writing my response before I realized the depth of the misunderstandings, so I added that line.

No offence in any case. (but I stand by my advice.)

163 posted on 04/16/2003 12:44:33 PM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children)
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To: Black Agnes
How on earth you could you, the defendant, prove someone else planted your DNA? The whole basis of DNA databases is proving your innocence. The opposite of our form of justice.

DNA evidence can be useful to both sides in a criminal case -- either to convict a guilty person or acquit an innocent person. In this respect, DNA evidence is no different from any other form of evidence. Both sides are free to argue over how much weight, if any, the jury should give to the evidence in deciding guilt or innocence.

But let's take your specific question. You would prove such a thing through the usual methods -- testimony, documents, exhibits, and the like. In order to convict, the jury must be convinced beyond a reasonable doubt, after considering all of the evidence introduced by both sides on the question, that the DNA evidence was not planted.

164 posted on 04/16/2003 12:44:35 PM PDT by kesg
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To: inquest
"If the arrestee thinks that the search is unreasonable despite the law, he can ask a court to declare the law unconstitutional, either generally or as applied to him in the particular case.

Whatever happened to simply being able to opt out?

I mentioned the opt out option as a means of avoiding any potential Fourth Amendment problems, alhtough I don't think that the Fourth Amendment is, in fact, a problem, i.e. I was speaking hypothetically, not categorically.

165 posted on 04/16/2003 12:49:44 PM PDT by kesg
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To: mabelkitty
How old are you?

Huh? Probably older than you, but what difference does it make?

166 posted on 04/16/2003 12:52:02 PM PDT by kesg
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To: Black Agnes
(When legislatures pass laws to the benefit of law enforcement at the expense of the rights of the citizens...you live in a police state)

I'm starting to lose track of who said what in opposition to what I have been saying, but aren't you the person who at least agreed that the choice here isn't between anarchy and a police state? We are talking about submitting a DNA sample to a database so that the government can do a better job of law enforcement, i.e. of protecting your rights and your freedom. Your arguments are not so much against DNA samples in particular, but government in general.

167 posted on 04/16/2003 1:00:37 PM PDT by kesg
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To: dirtboy
Every time I've run into you lately you're making sense.
168 posted on 04/16/2003 1:02:34 PM PDT by AAABEST
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To: Black Agnes
It isn't the job of law enforcement to secure your individual rights. Government does not grant or give any rights. Merely protect them.

The only reason we need government is to secure the individual rights of its citizens. The Founding Fathers understood as much -- see the Declaration of Independence. If I thought that DNA databases ran counter to this basic fundamental principle, I would not be here arguing for them.

I do agree with the middle sentence, but would add that we need government (including law enforcement) in order to secure the rights that we already have as human beings.

169 posted on 04/16/2003 1:07:53 PM PDT by kesg
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To: mabelkitty
But your question was a loaded question, and I disagree with the premise underlying the question. In other words, I don't think I'm giving up any of my freedoms merely by submitting a DNA sample to a database. To the contrary, I think I am actually enhancing my freedoms by enhancing the government's ability to secure those freedoms.
170 posted on 04/16/2003 1:10:56 PM PDT by kesg
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To: inquest
We know where they are going with it, and we'll unfortunately allow them to. The tin-foil crowd used to amuse me, now it's not so funny.
171 posted on 04/16/2003 1:18:08 PM PDT by af_vet_rr
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To: kesg
I don't think I'm giving up any of my freedoms merely by submitting a DNA sample to a database.

Submitting? Like voluntarily? Cool, go for it, but leave me out.

The issue is the TAKING of it, not the database itself.

172 posted on 04/16/2003 1:25:44 PM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children)
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To: kesg; dirtboy; webstersII; Protagoras; nanny
I am not seeing any well-reasoned argument against the use of a DNA database to help law enforcement catch criminals

I find it amazing that anyone would have to have explained to them the pitfalls of bureaucrats having all of our personal information at their fingertips.

Why don't we just install cameras in your house. Hey it may help catch criminals and "secure our individual rights from those who would deprive us of these rights, including criminals" as you put it. Why not send a daily log as to our comings and goings to the government every day. It may help catch a criminals after all. You'll probably feel even more secure.

I almost regret putting these ideas out there. I get the impression you might come back with "tell me how cameras installed in our houses deprives us of freedom" or "filling out a log may help secure my freedoms".

It's very simple. My medical records, DNA, bank account, credit card purchases or any other personal info are my effects and none of anyone elses f***ing business, including some uneducated bureaucrat's.

Let me spell it out for you, since you can't seem to figure these things out for yourself:

Amendment IV - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

"We might need this information some day" is unreasonable and doesn't warrant probable cause for them to seize anything that's mine if I choose not to give it to them.

Forget the constitution, you have a basic human right to not have strangers rifling through your personal and private life.

You're making an extremely dumb argument. If you want to give the morons your most private information, knock yourself out. While you're at it, give them access to all of your finances, medical records, computer and anything else they and have everyone in your family do the same thing.

Then, when I get a government job as some database geek and decide I want to get even with internet posters who ask dumb questions, I'll find out where you're vulnerable and take appropriate action.

173 posted on 04/16/2003 1:49:31 PM PDT by AAABEST
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To: AAABEST
I'm not talking about giving the government "all our personal information." I'm talking specifically about DNA samples for use in a national database to help law enforcement, for much the same reasons that my state already requires me to give a fingerprint when I apply for or renew my driver's license. As a plain matter of fact, I have not lost any amount of liberty. None. I am as free to think and do what I want after giving the fingerprint as I was before I gave the fingerprint. Moreover, not being a criminal or a terrorist, I'm perfectly happy to assist the government's efforts to secure my rights in this manner.

Also, no one has convinced me either that the Fourth Amendment applies to this problem at all or, if it does, that a DNA requirement is unreasonable. To me, giving a DNA sample (or a fingerprint) is no different from filling out a government form, such as a tax return. In fact, the government form tells the government much more about me than what they can learn from a DNA sample. Yet no serious person argues that filling out a government form somehow implicates the Fourth Amendment.

174 posted on 04/16/2003 3:05:58 PM PDT by kesg
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To: dirtboy
. Might even start to build a new political party that has the interests of citizens at heart rather than corporations and political overlords.

I am right behind you - but we better start - yesterday???

175 posted on 04/16/2003 3:22:58 PM PDT by nanny
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To: kesg
Due process of law means merely that -- the government cannot deprive you of life, liberty, or property except in accordance with the law.

Yes, so they are changing the law to make this obscenity part of due process. That is the problem. There is this pesky little thing called rights that the constitution is supposed to protect. It gets in the way of the government aims - so we pass a law and 'voila!' ignoring that pesky little thing is now part of 'due process'.

Yes, our tax situation is beyond terrible. While I want them to leave my money alone, this is getting into the my life and my body area - that can't be replaced -

176 posted on 04/16/2003 3:40:27 PM PDT by nanny
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To: kesg
It may or may not be a "Fourth Amendment problem" in the technical legal sense, but it most definitely is a problem of the nature that the 4th amendment was designed to correct.
177 posted on 04/16/2003 4:25:53 PM PDT by inquest
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To: michaelje
Good article here:

The Constitutionality of DNA Sampling on Arrest

178 posted on 04/16/2003 5:11:13 PM PDT by Sandy
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To: michaelje
One problem which I've not seen discussed is the fact that technologies which are useful and reliable in evaluating suspects may be very unreliable when used to generate "cold hits".

As a simple example, suppose that after the police have a suspect, they receive a report from a witness that the last three digits of the criminal's license plate were 572. If the witness had no prior knowledge of the suspect, and if the suspect's car happens to have a license ending in 572, the license plate provides substantial corroborating evidence against the witness.

Suppose, however, that all the cops had was the last three digits of the license plate number, and no suspect. If the cops start by calling up all plates ending in 572, however, the fact that they find some proves nothing. After all, they're bound to find such a plate (probably lots of them). Even if someone with such a plate looks like a plausible suspect, the fact that the plate was used to choose the suspect negates much of its evidentiary value.

Setting up DNA databases will make DNA less, rather than more, substantive as proof. Of course, juries will be kept blind to that.

179 posted on 04/16/2003 10:23:16 PM PDT by supercat (TAG--you're it!)
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To: Poohbah
Of course not.
180 posted on 04/17/2003 5:07:59 AM PDT by stuartcr
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