Bulletin: Last Man Standing: A Final Challenge to DNA Collection Laws? Jessica Gabel Cino says in 'Mimesis Law' that, "Technological advancements in DNA are coming, and what we don’t know can hurt us." (Must Read. HL);
"Last week, briefing wrapped up
in what may be the last gasp of a challenge at the seemingly unfettered
expansion of DNA databases (full disclosure, I am one of the amici).
DNA solves crimes. News articles trumpet
the unparalleled capabilities of DNA, and it would be difficult to
argue with the success of science sealing convictions. Because of this,
we collect DNA—lots of it. In fact, many states have blessed the
collection of DNA from arrestees in addition to convicted
offenders.........
Technological advancements in DNA are coming, and what we don’t know can
hurt us. DNA phenotyping (i.e., developing a physical description of a
suspect based on his or her DNA profile), familial searching, and Rapid
DNA (getting results in as little as two hours) are no longer figments
of science fiction. Innocent until proven guilty used to mean something,
but DNA evidence
is a powerful tool that seems to trump that very protection. While
efficiency and speed are critical to a successful police investigation,
the integrity of a criminal justice system must be maintained. We
shudder at the vast amount of electronic information collected
about us (social media trolling, cell phone data, online purchase
histories) for law enforcement and national security purposes. Court
decisions routinely denounce such practices. But when it comes to
genetic information we take it less personally. If law enforcement can
analyze a tiny bit of DNA in a few hours and
suddenly know your relatives, what you look like and whether you are
genetically predisposed to be lactose intolerant, then perhaps we’d all
take a closer look at DNA collection laws." (Jessica Gabel Cino is an
Associate Professor at the Georgia State University College of Law.) http://mimesislaw.com/fault-lines/last-man-standing-a-final-challenge-to-dna-collection-laws/4904