NCJ Number
179766
Journal
ABA Journal Volume: 85 Dated: October 1999 Pages: 64-87
Date Published
1999
Length
4 pages
Annotation
DNA databases are helping to solve crimes, but controversy exists regarding privacy issues and the extent to which government should be allowed collect and individuals required to give DNA samples.
Abstract
Many State officials are recommending widening the categories of people who will be tested. Meanwhile, government access to existing DNA files is growing. The FBI's National DNA Index System allows State officials to search DNA profiles nationwide and contains about 180,000 profiles. Supporters of wider DNA testing argue that the most current DNA testing method does not code for particular characteristics. In contrast, critics are concerned that this DNA may eventually reveal sensitive information about an individual and also that a law enforcement agency can always test the original blood or saliva sample. The National Commission on the Future of DNA Evidence, established by the National Institute of Justice, may soon take a position on whether police agencies should retain samples. The Commission is examining a wide range of DNA issues. It has recommended against arrestee testing, based on economic considerations. American Civil Liberties Union (ACLU) officials insist that taking a DNA sample is a search under the Fourth Amendment. A few lower courts have supported DNA testing; the ACLU hopes that the United States Supreme Court will review one of the cases. The DNA Commission is close to issuing a report that concludes that testing arrestees is probably constitutional. The legality of broader DNA testing has been studied less. However, some predict that DNA profiling will probably expand, because it is simply too useful a tool not to be used widely to address crime. Thus, the potential of DNA testing fills some with hope and others with dread. Photographs