PASSAGE OF THE DAY: "It’s
easier for lawmakers to err heavily on the side of law enforcement: to
go along, for example, with speculative claims that collecting DNA
evidence from thousands of Virginians convicted of minor offenses will
substantially help the commonwealth solve violent crimes. Not enough
consideration is given to concerns about the risks involved and the harm
it could cause, not only to those whose DNA would be included but also
the costs and potential problems with adding thousands of new samples to
the already sizeable databank.The overwhelming majority of these
samples will never be used for any reason. Yet the information will
remain stored for decades on ever-changing computer systems that will be
accessed by countless people. Even if that information is considered
safe today, and that’s a big if, there’s no way to ensure that it would
be kept private in the years to come. In arguing against the
expanded DNA collection, Claire Guthrie-Gastanaga, executive director of
the American Civil Liberties Union of Virginia, cited statistics that
the Virginia Department of Forensic Science’s DNA Databank now includes
more than 425,000 people — or about 1 in every 20 people in the
commonwealth. In a letter to Del. Robert Bell, chairman of the crime
commission, she noted that the number of “hits” in the databank has
declined even as the number of samples has increased, and that the
majority of the crimes solved through matches were for nonviolent
offenses. She also raised valid concerns about privacy issues and the increased likelihood of false “matches.” At
its core, an individual’s DNA reveals the most private of information
about that person."
GIST: The Virginia State Crime Commission
recently voted in favor of collecting DNA samples from people convicted
of a number of misdemeanors, including shoplifting, and storing that
information for future use. If implemented, the expanded
collection of DNA could add samples from tens of thousands of people
from across the commonwealth, perhaps marginally increasing the chances
of a match to DNA collected in unsolved cases or in future crimes. The
commission’s recommendation to lawmakers — as seen in the most favorable
light — reflects a desire to solve criminal cases with every possible
piece of evidence. But the decision also represents a troubling
tactic of using questionable means for law enforcement purposes, under
the guise of being tough on crime. State lawmakers understand that there
is rarely a public outcry if criminals or suspected criminals are not
treated fairly or face undue hardships in the legal system. It’s
easier for lawmakers to err heavily on the side of law enforcement: to
go along, for example, with speculative claims that collecting DNA
evidence from thousands of Virginians convicted of minor offenses will
substantially help the commonwealth solve violent crimes. Not enough
consideration is given to concerns about the risks involved and the harm
it could cause, not only to those whose DNA would be included but also
the costs and potential problems with adding thousands of new samples to
the already sizeable databank. The overwhelming majority of these
samples will never be used for any reason. Yet the information will
remain stored for decades on ever-changing computer systems that will be
accessed by countless people. Even if that information is considered
safe today, and that’s a big if, there’s no way to ensure that it would
be kept private in the years to come. In arguing against the
expanded DNA collection, Claire Guthrie-Gastanaga, executive director of
the American Civil Liberties Union of Virginia, cited statistics that
the Virginia Department of Forensic Science’s DNA Databank now includes
more than 425,000 people — or about 1 in every 20 people in the
commonwealth. In a letter to Del. Robert Bell, chairman of the crime
commission, she noted that the number of “hits” in the databank has
declined even as the number of samples has increased, and that the
majority of the crimes solved through matches were for nonviolent
offenses. She also raised valid concerns about privacy issues and the increased likelihood of false “matches.” At
its core, an individual’s DNA reveals the most private of information
about that person. The fact that the information is available at all is a
modern marvel, and like a lot of remarkable discoveries, it can be used
in ways both good and bad. Law enforcement agencies have long used DNA
evidence to convict criminals. And, occasionally, the evidence is used
to exonerate someone who has been wrongly convicted of major crimes,
including murder. The
DNA samples currently being collected are for felony offenses and
certain misdemeanors, primarily sex crimes. Instead of expanding the
collections even further, the state should review whether all of those
samples are necessary and indeed help to solve the cases involving
violent crimes. Also, legitimate questions and concerns about whether
the commonwealth’s practices are already an overreach must be addressed. One
strength of the U.S. legal system is its emphasis on protecting the
rights of the accused, or merely suspected, and the many court
precedents that balance the investigative weight of the government with
safeguards for individual liberties. Even then, the system doesn’t
always work fairly for everyone. Lawmakers should carefully
consider that proper balance when evaluating the reasons cited for
greatly expanding the DNA databank. If they do their due diligence,
they’ll realize that the concerns about privacy, fairness, costs and
effectiveness are too important to ignore."
The entire editorial can be found at:
