Maryland’s DNA Collection Act allows police to take genetic
material from people who have been arrested but not yet convicted. The law has
caused much controversy as people argue for the leads that could be obtained by
the collection of DNA, as well as the privacy of a person’s genetic material. The
law is currently in effect though it is facing contemplation through the
Maryland v. King (12A48) case where justices are deciding whether or not to
extend the law after its expiration which will be at the end of next year.
The law was enacted with the motives of identifying dead
bodies in a way that other methods failed, and preventing more crimes such as
terrorist attacks, murders, and rapes. The Act includes that officers submit
the DNA collected from suspicious people into a national or international
databank which would be available to healthcare providers.
DNA has proven to have great evidential power in the
solving of specific crimes. The collection law would ease the jobs of investigators
and provide what could be a definitive answer to some cases. While it doesn’t
solve all crimes, it can offer clues that may lead people to other crimes as
well as reduce the number of wrongful convictions.
The law faces opposition from people who believe that the
DNA databases have limitations that trump its positive aspects. Those who argue
against the act reason that advancing crime-fighting strategies would take care
of the job better than DNA collection. A recent Department of Criminal Justice
Services document even shows that a broad expansion of DNA collection would
offer diminishing returns. People argue that the law doesn’t have enough of an
effect to remain in action.
Others are worried about the accessibility that people would
have to their activity in DNA databases. The database could be available to
health insurers that could use it to deny coverage or claims. Humiliation is
also a factor as medical records would be on the database.
Despite all of the concerns against the law, I think that
the DNA Collection Act should stay. Though it is nearing the line on privacy
and civil rights, the law could enforce the rights of people in situations with
higher stakes. The database could provide answers in trials, and tip the scale
on a person’s verdict. An FBI study even indicated that DNA evidence has
excluded the primary candidate in roughly 25% of sexual assault cases since
1989. The law could dramatically change the lives of people who need evidence,
and it could help put away criminals who would likely do harm in the future.
This system is current in Britain, which was the first
nation to legalize DNA collection. It’s been reported that the database exposes
approximately 2,000 crimes a week. By keeping the law, we could save a great
amount of people from future crimes as well as help those wrongly convicted.
http://www.brighthub.com/science/genetics/articles/65420.aspx
http://query.nytimes.com/gst/fullpage.html?res=9D03E7D8163FF935A25757C0A9609C8B63
http://en.rian.ru/analysis/20090104/119294260.html
http://www.cnn.com/2012/07/30/us/scotus-dna-law/index.html?hpt=us_c2