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Communication and Ethical Issues1

This document discusses communication and ethical issues related to DNA evidence. It examines whether collecting DNA without consent violates privacy expectations, and how long DNA profiles can be kept on file after an arrest. It provides an example of an Illinois man who was exonerated after five years in jail when DNA evidence linked another man to the crime. The document also explores whether law enforcement can use a person's DNA to match against other unrelated crimes.

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Tammy O'Neal Jackson
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55 views

Communication and Ethical Issues1

This document discusses communication and ethical issues related to DNA evidence. It examines whether collecting DNA without consent violates privacy expectations, and how long DNA profiles can be kept on file after an arrest. It provides an example of an Illinois man who was exonerated after five years in jail when DNA evidence linked another man to the crime. The document also explores whether law enforcement can use a person's DNA to match against other unrelated crimes.

Uploaded by

Tammy O'Neal Jackson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Communication and Ethical Issues

Tammy V. Jackson

CJA/444

July 2, 2017

Bob Metzger
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Communication and Ethical Issues

Deoxyribonucleic Acid (DNA) role in exonerating innocent individuals is critical to

policy proposals purpose at reducing wrongful convictions. Understanding DNA may prevent

and correct wrongful conviction or give reasons why the conviction of innocent defendants

represents the real failure of justice (Olney &Bonn, 2014). The original DNA sample is taken

from a crime scene and is usually compared with the DNA of any suspects, the crime victim(s),

and sometimes the National DNA Database (Naughton & Tan, 2011).

Describing if the collection of DNA without consent unreasonably intrudes on an arrestees'

expectation of privacy.

The Fourth Amendment gives people the right to privacy when it involves their genetic

material. In the case that involves Raynor v. State of Maryland is where it is determined if police

are allowed the collection of DNA without consent unreasonably intrudes on an arrestees'

expectation of privacy. Genetics testing contains a large amount of personal information and

should receive protection of the Constitution against unreasonable seizures and searches

(EFF,2015). The Criminal Investigations Act 1995 has rules for when the police can request

DNA samples from suspects. The Act does not cover investigations of less serious offences such

as common assault or willful damage. In those cases, the police cannot take a DNA sample from

a person without their consent, and the courts have no power to order a person to provide a

sample (Community Law Manual, 2017-18).

How long can police keep your DNA on file after an arrest or conviction?

If a person is convicted of a crime or even innocent of a crime will remain on the national

computer. This is believed to be unfair by innocent people and the government is in the process

of changing this law, but has not of yet.


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Can law enforcement use a person's DNA to match against other crimes unrelated to the

one they initially obtained it for?

There are 23 states in the U.S. to include Virginia that have laws requiring DNA tests of

persons arrested for certain crimes. In the state of Illinois, DNA testing is required for persons

convicted of a felony (lawyers.com,2017).

Examples and reasons:

An Illinois man was recently freed after DNA testing showed he wasn't the killer of his

eight-year-old daughter and her nine-year-old friend. He confessed to the murders but said police

coerced him. He spent five years in jail awaiting trial. Prosecutors then reported DNA testing

linked another man, who is in jail in Virginia on unrelated charges, to the crime (lawyers.com,

2017).

Conclusion

In the 50 years since the structure of DNA was elucidated, giant strides have been made

in understanding what genes are and how they work.


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References

Community Law Manual (2017-2018)

Lawyers.com (2017)

Lynch, Jennifer, (2015). Electronic Frontier Foundation. The Fourth Amendment covers

DNA collection

Maeve Olney, Scott Bonn (2014), An Exploratory Study of the Legal and Non-Legal

Factors Associated with Exoneration for Wrongful Conviction;

Naughton M., Tan G. (2011). The need for caution in the use of DNA evidence to avoid

convicting the innocent. International Journal of Evidence & Proof, 15(3), 245-257.

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