NCJ Number
130162
Journal
Fordham Urban Law Journal Volume: 17 Issue: 3 Dated: (September-October 1989) Pages: 323-357
Date Published
1989
Length
35 pages
Annotation
This analysis of deoxyribonucleic acid (DNA) fingerprinting argues that a national database of DNA fingerprints should be established.
Abstract
The DNA test is a sensitive and accurate way to identify individuals by their unique molecular makeup. It is scientifically accepted in both theory and application, and its potential to transform criminal investigations is also well recognized by both prosecutors and defense attorneys. The privacy issues involved in the gathering of DNA samples relate to its being a search under the fourth amendment and the admissibility as evidence under the rule established by the United States Supreme Court decision in Frye v. United States. However, the DNA fingerprint produces no invasive, substantive information, and procedural safeguards limit searches and seizures. A database of DNA information would help solve many cases and reduce the importance of eyewitness testimony and the standard alibi defense. Confidentiality issues could be resolved through reference to cases involving personal or medical records. Such a database would recognize society's duty to protect its citizens from crime and violence while protecting them as well from unjustified invasions of privacy. 212 footnotes