21 June 2003

An Article discussing the spread of DNA testing:
While 26 states require DNA sampling of all convicted felons, some states have already lowered the hurdle to putting someone's genetic blueprint on file. This year Virginia began collecting DNA samples from anyone arrested for a violent felony, making it the first state to begin mandatory testing so early in the legal process.

Last year, Texas began testing certain repeat offenders once they are indicted, a step just beyond arrest. Louisiana has similar arrestee legislation on the books, but staffing and financial concerns have kept the process on hold.
I am waiting for the first time when one of these pre-conviction tests leads to an officer using the DNA to get a cold hit and then the Defendant being found not guilty so that the DNA should be destroyed. But, of course, by that time the djin is out of the bottle and the Defendant is charged with that B&E from 4 years ago where he cut himself breaking the window. Not being precognitive I don't know exactly how the Appellate Courts will handle that but I would hazard a guess that the opinion will include words like "good faith," inevitable discovery," and "harmless error."


No comments: