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DNA Samples And Why You Shouldn't Give Them

My client had an affair with a married woman whose body was later found in a county dump.
Author: Cherie Brenner	Article Tools:

The Defendant was first suspected after traces of his DNA was found on her underwear. Our DNA expert explained even if clothes are washed, sometimes traces of DNA can remain. Lucky for my client, overwhelming evidence later pointed to the husband and the charges were dismissed against my client. Police departments are storing genetic samples from adults arrested for felonies, whether they go on to charge those people or not. The FBI and other states now collect DNA samples from immigrants who are detained, and some states store genetic samples from people found guilty of misdemeanors.

Incoming students at UC Berkeley found cotton swabs in their welcome packages. The university wants students to voluntarily swab a few cells from the insides of their cheeks and give them to the university for DNA testing. A professor of Genetics and Development Biology who’s overseeing the project, swears he’s not trying to create a genetic database of thousands of undergraduates for any nefarious purpose. "Really, what nefarious purpose could there possibly be?" Really?

In Orange County, California, the District Attorney's Office will dismiss a simple misdemeanor charge, like possession of marijuana, if you give them your DNA sample.

The intent is to create a large genetic database that will allow police to solve more crimes, but critics say the cumulative effect may be unconstitutional. Criminal justice experts cite the Fourth Amendment privacy concerns and worry that the nation is becoming a genetic surveillance society.

I heard people say it's only used to find criminals and if you don't commit crimes you have nothing to worry about. Wrong! Here are actual cases where a person was not the perpetrator but in some cases agreed to plea because the attorney said that DNA is infallible.
In a child rape case in January of 2004 in Tacoma lab, a forensic scientist failed to change gloves between handling evidence in two cases. When later he noticed contamination in chemical solution the Defendant was already convicted and sent to prison.

Another Forensic expert contaminated evidence in a King County rape case with DNA from a previous case, likely by failing to properly sterilize scissors.

Contamination and other errors in DNA analysis have occurred in crime labs all over the country. DNA tests are only as reliable as the humans doing them a troubling prospect when dealing with evidence that has the power to exonerate suspects or imprison them for life.

"The amazing thing is how many screw-ups they have for a technique that they go into court and say is infallible," said William C. Thompson, a forensic expert and professor of criminology and law at the University of California-Irvine.

The lesson to be learned? Avoid giving your DNA if possible because you don't have to commit a crime to be mistakenly charged or convicted of one.

About Author

Cherie L. Brenner has been practicing criminal and family law for over twenty years. She has handled over a thousand cases .

She has been certified through Harvard Law School's negotiation program and UC-Hastings Law School in trial advocacy. Ms. Brenner has a masters degree in psychology and teaches law at a local university. She is a published author and continues to inform and update the public on the law.

Also view http://www.TheBrennerLawFirm.com and http://www.TheBrennerLawFirm.net

Article Source: http://www.1888articles.com/author-cherie-brenner-22751.html

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