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View Full Version : DNA profiling Constitutionality



immortalmack
6 Nov 2006, 05:56 PM
I recently sat in a court session and found that people involved in the legal system were made to give DNA for profiling purposes.The purpose is to have a database of past offenders so that when crimes are committed,DNA samples from the crime scene will be matched against the DNA database lookin for matches.
Without gettin into the demographics and politics of it.Is it/ can be:


a. unconstitutional

b. struck down in a court of law

Randomnity
6 Nov 2006, 07:45 PM
How is it any more unconstitutional/inaccurate than fingerprints, which currently serve that exact purpose?

CasaK
6 Nov 2006, 07:57 PM
I thought they had been doing this for a while now, and it isn't really unconstitutional because there hasn't been an amendment to the constitution about it. In order for it to be struck down by Judicial Review then would have to pass a law forbidding or passing it, and then it would have to be disputed and the case brought to the supreme court before it could be struck down.

Randomnity
6 Nov 2006, 08:04 PM
Yeah I was going to say I thought they'd been doing it for awhile too, but then I realized all my knowledge of forensics comes from CSI. Sooo...

NoahFence
6 Nov 2006, 09:49 PM
Exactly the same as fingerprints. Since they're collecting data from people already on trial for a crime, and that data may be retained for use in other cases, there's nothing unconstitutional about this practice. One day some criminal is going to protest that it violates his civil rights because it infringes on his religion or something, I'm sure.

When they are stopping people in airports to gather DNA, you'll see a shitstorm.