Military DNA Registry Used in Criminal Case 418
bubblegoose writes "The Reading Eagle has a story about a man sought in a Reading, PA. murder who was arrested Thursday in Puerto Rico. This is the first time anyone has been apprehended in a criminal case based on DNA collected by the military. Apparently the DNA registry has a stringent set of rules that must be met for a blood sample to be released and those were satisfied." The DNA registry catalogs DNA samples from all US armed forces, ostensibly for identifying remains (although if that were the only reason, the samples would be automatically destroyed at the end of the servicemember's contract.)
picking up the pieces (Score:3, Funny)
let's role!
Shocking abuse of rights? (Score:5, Insightful)
Of course, there is always the issue of information (in this case DNA) being misabused: for many people this is why this is worrying. I'm sure it might be possible to implicate someone based on the data, but it would surely be very hard?
However, overall I am for these technologies. They enforce a justice system and have little negative effect (that I am aware of -- if anybody can provide examples, I would be very interested to hear, and possibly change my argument).
What does look worrying is the suggestion that the Military should destroy the data once the serviceperson has been discharged. If it is not being done (assuming, of course, the serviceperson were told it would be) this is simply wrong.
Sorry for a rather convoluted argument.
Re:Shocking abuse of rights? (Score:4, Insightful)
Now comes DNA if it becomes easy to process and there are large databases avalible just begging for a court order to get at them say from every paternity test to genetic screening sfor illness that may start becomming more commonplace to simple collecting it from a trash bag on the curb. From this you can extrapalate a different society that crime may be down but if your DNA happens to be found your automaticaly suspect and DNA is not something you can avoid leaving around in public like fingerprints.
Re:Shocking abuse of rights? (Score:3, Informative)
I think there is a vast misunderstaning of how difficult it is to process DNA evidince (especially compared to fingerprints) and what these so-called "databases" are.
Starting with the database. Its a collection of blood samples (two drops of blood on a card). Just to process one sample to where it could be compared with another takes several days in a lab. Also, in order for these tests to have the necessary level of validi
Re:Shocking abuse of rights? (Score:5, Insightful)
The ends should never be used to justify the means in a question of law. This would make it acceptable to do random searches for no reason, imprison people based on shaky information, bomb countries based on falsified evidence, etc.
Wait, what country was this in again? Oh, never mind.
Re:Shocking abuse of rights? (Score:4, Insightful)
Never say never... Of course the ends justify the means sometimes... The Law isn't some magical code of conduct that was handed to us by super-intelligent aliens. It's a system of rules made by mankind to govern mankind. The people who wrote those rules did their best to put in a place a sytem that kept us behaving without making it so burdensome as to piss us off on the enforcement side of the equation... We have a history of changing our enforcement of the law when the situation dictates it. IE suspending writ of habeus corpus during the Civil War. Why? Not because the law must always be rigid, but because sometimes it makes sense to have stricter rules when the very system we hold dear is in jeopardy.
Every single person on this board would be clamoring for this kind of DNA enforcement if someone close to them was the victim of a severe crime and the evidence was available. Don't get all high and mighty because someday 20 years from now, people will have the theoretical ability to adjust your insurance premiums through DNA testing. Let your kids fight that battle.
Re:Shocking abuse of rights? (Score:2, Interesting)
In which case how is this an abuse of his rights to privacy?
I don't think the grand-parent poster was suggesting its a good idea to randomly poke people and steal a sample of their dna. But if you willingly give it out [e.g. use a public restaurant or give it as part of a job] why not use it if you can provably connect the dots?
We've been collecting fingerprints for eons now and you still cannot
how is this different from a finger print. (Score:4, Insightful)
I see no difference between this and your fingerprint. It's your personal identity based on your unique physiological characteristics. When I received a passport/drivers license it went on record. Also to my knowledge when has the military ever respected service men/women?s rights. My friend has been out of the navy for over a year and they still have the right to recall his ass.
Re:how is this different from a finger print. (Score:5, Insightful)
Its difficult for me to plant your fingerprint. I would have to somehow convince you to touch either a soft moulding material, or collect a fingerprint which I could then somehow etch into a moulding material. (There was a CSI episode about this...)
Its trivial for me to plant your DNA. I could just go anywhere you've been and pick up saliva from dinnerware or cigarette butts, or if you have readily visible hair, lost strands of hair. Granted, this wouldn't be much material, but I could gather more in a casual meeting. I could be walking down the street with an armload of wood or something and just accidentially bump into you and manage to draw blood. Sure, you would quickly remember that I cut you, but it wouldn't help you before the cops came to arrest you.
In the end, I feel that can trust DNA when its being used as a "final nail in the coffin" type of evidence in a case. When its the only evidence though, thats when I start to wonder.
Re:Shocking abuse of rights? Ends Justify Means (Score:3, Interesting)
The ends do justify the means, once you recognise that those means have become part of the ends you get.
Re:Shocking abuse of rights? (Score:3, Insightful)
While I agree that DNA databases are ripe for abuse, this example does not seem particularly abusive. From the article, it sounds like they had probably cause to suspect this individual in this crime, and the DNA match only confirmed their suspicions. That's very different fr
Re:Shocking abuse of rights? (Score:5, Funny)
Re:Shocking abuse of rights? (Score:2, Interesting)
http://www.afip.org/Departments/oafme/dna/afrss i r/ faq.html
afrssir => ARMED FORCES REPOSITORY
of Specimen Samples for the Identification of Remains
From the FAQ
When I separate from the service, can I have my specimen returned to me or destroyed?
DoD Directive 5154.24, dated 28 Oct 96, specifically states that a donor may request destruction of their specimen upon conclusion of their complete military service obligation. Complete military service is
misabused (Score:3, Funny)
Re:misabused (Score:3, Funny)
Re:Shocking abuse of rights? (Score:2)
Unfortunately law enforcement agencies are under increasing pressure to close cases, rather than prevent future crimes and enforce justice by bringing criminals to court.
This is why we have seen massive abuse of illegal wiretaps, to the point that there were likely as many illegal wiretaps in the USA as legal ones in some years.
Have you not seen the abuse and tampering of evidence to help "prove" cases whe
Re:Shocking abuse of rights? (Score:2, Funny)
Well, when you're in a BIND, what do you expect an investigator to do?
Re:Shocking abuse of rights? (Score:2)
Re:Shocking abuse of rights? (Score:3, Funny)
No, no, no. It is a correct term. The information was supposed to be abused, but they ended up abusing it in the wrong way, hence, "misabused."
Re:Shocking abuse of rights? (Score:2)
There should be no less of a right to privacy for members of the armed forces that there is for an ordinary citizen.
You are correct in that everyone in the armed services goes through basics and learns how to shoot a weapon and receives hand-to-hand training. However, depending on where you live and who your f
Re:Shocking abuse of rights? (Score:2)
Oh yeah, the DNA evidence may have been planted.
Just wanted to point out that it ins't going to be as easy as you implied.
Re:Shocking abuse of rights? (Score:3, Informative)
Next point is that these blood tests do not rely on DNA sequences (not directly anyway) but essentially just looking at patterns created when slicing up the DNA with enzymes and looking for genetic markers.
Never (Score:5, Insightful)
I have and never will submit to drug/alcohol screening for a job or insurance.
Yes, we got a "good" result in this particular case. But the end does not justify the means.
Re:Never (Score:4, Insightful)
I have and never will submit to drug/alcohol screening for a job or insurance.
I'm guessing you have a job already.
Re:Never (Score:2)
Re:Never (Score:3, Interesting)
But, I have turned down 2 jobs that required the screening. It's not like I think about it. In the first situation, we went through the whole thing, I accepted the job, got a start date, and then they threw the blood test at me. The donation of bodily fluids for a job just seemed pretty important to me. To them, it was beyond routine. This is the mindset that disturbs me the most.
Re:Never (Score:2)
I've been pulled over by cops and have been asked if they can look through the car for drugs. Even though I never have drugs, I say no. Which means they call for back-up and search anyway with drug sniffing dogs. By saying "no" that means they have probable cause, they think. At least in Louisiana and Illinois. Sure, "no" doesn't mean probable cause, but try telling that to cops.
Oh yeah, in Louisiana,
Re:Never (Score:2)
Re:Never (Score:2)
Only the paranoid survive. This is not just a mantra of the uber-successful, but also a fact of life in nature and business alike.
Re:Never (Score:5, Interesting)
What indeed, if you needed to submit to DNA testing to get a government ID card so that you could get basic services?
I have no idea if we're going that way - but that case is completely different to the case under discussion... they did not use the DNA except as a fingerprint substitute
Re:Never (Score:2)
Re:Never (Score:2)
Doctors, hospitals, big insurance companies, big teaching hospitals. I've dealt with them all. I'm self employed, so I get my own insurance (which is a real bitch, mind you). I've never had a problem with the SSN thing. All you have to do is ask.
Re:Never (Score:3, Offtopic)
Re:Never (Score:2)
None have required an SSN. Yes, some of the clerks and agents think otherwise. But a simple phone call to the home office always confirms that you don't need it.
They can track you in the national shared insurance databases by past addresses, name, etc. I'm sure that they've assigned me some random number.
Re:Never (Score:2)
Re:You're welcome. (Score:2)
Thank you, Mr. Professor, I had *no* idea how insurance works! You mean the insurance company is not a genuinely altruistic entity, who pays for my checkups from their own cash reserves that they earned via newspaper routes and recycling bottl
Re:Never (Score:5, Funny)
I would never, ever give a sample for a DNA analysis to anyone but a doctor.
You mean willingly and consciously never give a sample. All it would take is for some unscrupulous insurance company to hire a Pamela Anderson lookalike to come over to your house (or mother's basement) and in fifteen minutes (or maybe two minutes, if you're like most of us) they'd have a healthy sized sample for their database.
Face it man: they 0wn you!
GMD
Re:Never (Score:2)
About DNA, I have no problem with the government keeping DNA records of everyone, as long as ONLY the government is allowed to have it, and it is ONLY used either in criminal cases, like this one, or to identify remains. As I see it, this is no different from keeping fingerprints or photographs on file, which they have done for a long time. It's only a means of identification; they can't listen in on your conversations or (ea
Re:Never (Score:4, Interesting)
I do not see any invasion of privacy here. I see a choice made by someone that perhaps failed to think through the consequences of his actions. Based on the tight security rules involved in acquiring that DNA information, they had to have sufficient evidence and reasonable suspicion, as well as several levels of security clearance. It's not like Joe Doughnut can just walk up and say 'I have a case here, lemme get some DNA'
I could see this as a problem under other circumstances, but not when someone made a choice.
Re:Never (Score:2)
> I would never, ever give a sample for a DNA analysis to anyone but a doctor.
What if DNA submission becomes required by law? What if it was harvested without your knowing (like cases where investigators can't get a search warrant due to a lack of evidence but offer you a cigarrette during your interrogation - they're not being generous). What if insurance companies start to require a sample or profile just as they require your medical history now? It's the possibilities I fear (GATTACA), not brin
Re:Never (Score:2)
DNA used for more than identifying remains (Score:5, Funny)
Re:DNA used for more than identifying remains (Score:2)
Fingerprints anyone? (Score:5, Insightful)
DNA was used in this case to catalogue, not used to identify traits about the person (ostensibly, let's not go all X-files on it) - and only released when there was a criminal investigation.
As a matter of fact, this all sounds rather grown-up and useful, some static information which is never used until you're accused of a crime, and then only to match you up. I only get worried when it's used to identify your genetic makeup for making decisions on how you live your life (commercial and government).
This is just like using DNA instead of fingerprints
DNA is not a fingerprint (Score:2)
DNA is a completely different story.
DNA can be used to determine almost anything about a person. Race, sex, hair and eye color, genetic medical conditions, etc... Because of this, we have to be very careful about what we allow these databases to be used for. If you think racial profiling is bad, think about the ramifications of genet
No big deal... (Score:5, Informative)
No pain, no gain: So if I keep automating with NT shell scripts, I should be a bizzlionare in no time!
Everyone should have their DNA on file. (Score:5, Interesting)
If everyone's DNA was on file it would be hell on crime. The technology is coming where they just run a vacuum all around a crime scene and the computer will match up everyone who shed a skin flake there.
Re:Everyone should have their DNA on file. (Score:2)
You basically just described the opening scene from The Unreconstructed M, by Philip K. Dick.
Re:Everyone should have their DNA on file. (Score:2)
Re:Everyone should have their DNA on file. (Score:4, Insightful)
As the police rely on DNA more and more, they stop performing thorough criminal investigations. And it is a slippery slope: do you start using DNA evidence to catch the guy who's only crime was to spit gum on the street? If this [chron.com] doesn't give you pause, then I hope you enjoy the fruits of such an environment.
Re:Everyone should have their DNA on file. (Score:2)
I'm not worried about that so much as the 22nd century Happy Fuhrer deciding to gas everyone with the newly discovered gene for depression....
(Like their not depressed enough as it is...)
Hmm... (Score:5, Funny)
Of course not! Hundreds of years into the future, after they figure out how to create humans from simple DNA strands, they can resurrect the greatest generals who ever lived to fight the War for the Futur...
I'm such a dork.
Re:Hmm... (Score:2)
Bite my shinny
Re:Hmm... (Score:2)
jason
This is the future of law enforcement (Score:5, Interesting)
Step 1: DNA matching to try to find perpetrators of murders, rapes, etc.
Step 2: DNA profiling to try to identify characteristics of perpetrator: gender, height, hair color...
Step 3: full-blown facial reconstruction from DNA samples. Expect this around the same time as it becomes possible to _fake_ DNA samples, and smart criminals leave mickey-mouse DNA lying around. Lucky for the honest people, most criminals are stupid.
Step 4: replacement of 'standard' tools such as fingerprinting and eye-witness identification (which is really, really unreliable).
This seems inevitable. Joe Public has two options: accept it and try to live with it, or fight it and watch it happen anyhow.
Re:This is the future of law enforcement (Score:4, Informative)
He got offered parole many times, but refused their requirement of confessing the crime. (That's another major problem for another discussion - a real crook can confess and get paroled while an innocent who remains adamant stays locked up)
He eventually found a lawyer who got the DNA tested, and the match was indeed negative. The state ran the DNA through their DB of previously convicted sex offenders, and found their man. He was already serving time for a whole series of rapes/murders in the same jail.
The wife got confused because the room was dark when it happened, and the two men bore similar appearances under that kind of lighting.
Re:This is the future of law enforcement (Score:4, Funny)
Note to self: When choosing a wife, make sure she is not easily confused in strange lighting conditions so that she could misidentify me as a rapist/murderer and send me to prison for long periods of time.
Re:This is the future of law enforcement (Score:3, Informative)
Re:This is the future of law enforcement (Score:2)
DNA tests, however, require multiple tests to validate accuracy and prevent errors. Contamination or decay of the sample may actually cause the DNA test to not be valid to begin with, or make it obvious to the technician that any test would be inconclusive.
Yeah good in theory... (Score:2)
How you ask? many different ways, I could grab a cigarrete butt from a public ashtray, collect hair from a public toilet (yuck!) or barber shop, etc....
Now, I simply have to plant that "evidence" and guess what: if you are in the database and I am not you are fubar....
Of course they may think you had an accomplis (if they find my DNA) but they will not find me, and wont give you a plea deal because to their mind
Re:This is the future of law enforcement (Score:2)
Re:This is the future of law enforcement (Score:2)
Are you making the argument that everything a person does, says, believes in, etc are stored in their DNA? You think we could just clone Einstein, keep him in a lab for 20 years, then we'd have a physics genius who likes to ride bikes all over
Didn't you see 6th Day? (Score:4, Funny)
Re:Didn't you see 6th Day? (Score:2)
Bond. James Bond. (Score:3, Insightful)
Somebody wrote:
Not particularly. If I learned how to fly planes, and a body that looks like mine suddenly shows up in North Korea, it might be nice to have a positive identification.
Likewise, if I learned how to blow up buildings, assassinate people, build nukes, or a whole host of other things (including how to use a fully-automatic weapon), it might be nice to get a positive ID before you start throwing people in jail.
Well, they can.... (Score:5, Informative)
If michael had bothered to read the second link [pentagon.gov], he would have seen this:
Once you complete your full service obligation, you also can request destruction of your DNA record.
Complete with where you can get the form and instructions. If he's in the military, then he's farked. If he was out of th emilitary though, it's his own damn problem.
Destruction at End of "Contract" (Score:2, Informative)
So even if the service is going to delete the records after a person serves it might be a while till they really aren't part of the system.
DNA Misuse (Score:4, Insightful)
Don't laugh, research is being done into this ( even mentioned on here a few times ).
Now tat you can be arrested for 'potential intent of activity', not much of a stretch to use DNA... Or other such nonsense.
Soon every baby born will be required to give a sample. ' for their safety of course'.
Couple that with 24/7 monitoring of the populace.... Lets hear it for lack of privacy. It was nice while it lasted. IM sure our founding fathers are rolling in their graves about now, with what we have allowed to happen to what they created.
How is this different from fingerprinting? (Score:3, Insightful)
What's the difference?
Why I _DO_ have a problem with this... (Score:3, Insightful)
They modify this somewhat, with this statement: "People also wonder whether the samples can be used in criminal cases. "The only way that they'd be released is if we had a court order," he said."
Well in a murder case, a court order to confirm evidence isn't that hard to get, as this trial showed. In other words, the DoD is entirely incorrect about the possible uses for this database.
Furthermore, this means that any US military personel are being held to a more rigorous evidence screening process than the rest of the population, due to their DNA files. Doesn't this violate the spirit (if not the letter) of everyone being 'equal in the eyes of the law?' Sadly, this leads to the "solution" of making a DNA repository mandatory for the entire population. In other words, being forced to give evidence in advance of any potential wrongdoings. This comes close to not having to incriminate yourself, in my mind.
Of course, what http://www.cbc.ca/stories/2003/07/18/uk_guantanam
But I digress. We've had fingerprints for a century or so as legally admissable evidence, and there's no mandatory registry for them. Why then does ANY nation need a registry of DNA samples?
Re:Why I _DO_ have a problem with this... (Score:3, Interesting)
Are you trying to say that someone who DID THE CRIME (really, he did it) and got caught because the investigation led them to beleive he did it, so they asked for samples since he was in the military, and it turned out the samples proved that he did it; is somehow bad? That's just good police work.
It's not like they are systematically searching a complete and encompasing database of pre-analysed samples for every Tom, Dick and Joe Six pack that gets stopped for speeding
destruction of samples (Score:2, Interesting)
Even people who have left the military are entitled to a military burial in some cases, or their surviving spouse may be eligible to receive a widow's pension. That could be a reason to keep the DNA samples of ex-servicepeople.
I don't see how this is a bad thing...if.... (Score:3, Interesting)
Xesdeeni
Info never destroyed (Score:5, Insightful)
Don't expect the government to destroy any information once collected. There is a registry in the US for people purchasing long guns (shotguns and rifles). It's used to perform a background check, and names on it are only supposed to be kept -- by law -- for a limited time (I believe 6 months). However, names are never taken off the list.
Political conditions change: that's why the wise worry about government lists. It's all warm and fuzzy when we talk about catching crooks, and most people in the US would find the notion of not trusting their goverment a crack-pot idea. What they never dream of happening is political conditions changing drastically within the space of a couple of years because of some "crisis."
When that happens, it suddenly becomes a very big deal what kind of information the government has been trusted with -- and by then it's too late.
It's sort of like trusting your neighbor with your house key while you go away on business for six months; only, while away, the neighbor dies and his heroin addict son gets a hold of the key (the black sheep of the family whom they never talk about). What do you think happens then?
Go ahead, trust the government without reservation! But, Washington, Jefferson, et al, understood why such trust is foolish.
Hey, look, NOT a conspiracy theorist... (Score:5, Insightful)
I'm in a dangerous occupation (19D, Cavalry Scout), in a dirty, dangerous branch (Army) of the military, and I'll be getting a desert vacation for six to twelve months to go police some big chunk of sand in the middle east next year. I'm sure all the airmen, sailors, radio repairmen, hospital techs, and janitors in the service will be up in arms about the government keeping their precious DNA on file, but as one of the low-brows who stands a bigger chance of not coming home than they do - I'm perfectly happy to let Uncle Sam keep two drops of my blood in a freezer.
How easy do you think it will be to identify my remains without a DNA sample if I'm in a convoy that gets ambushed and I get hit by an RPG in the face, and the TOWs in the back of my HMMWV blow up? Not very easy - especially if they don't find the remains for a few years. But, oh, no, it's absolutely evil for the DoD to keep some material on file that would help identify me in that case.
Jesus, grow up, people. Not everyone whose service contract has ended is around to ask for their sample to be destroyed.
My Thoughts (Score:3, Informative)
This actually comes at a good time for me. I'm finishing up James Watson's book "DNA" which gives some length discussion to the idea of genetic fingerprinting, including it's moral and legal implications. You should pick it up if you're interested.
That aside, I think I agree with Watson's view that the benefits of DNA fingerprinting, for the most part, in both convicting the bad guy and freeing the innocent guy wrongly accused, greatly outnumbers the possibilities for abuse. And I'm normally someone that values civil rights and privacy pretty highly.
To make sure privacy and the DNA databases run parallel, there should be some rules. For example, most DNA identification that goes on comparing DNA at the crime site with the DNA in the database or from the suspect himself relies on comparing the "junk DNA" that has come to be from mutuations, which can, for the most part, narrow it down to an individual, or at least to a probability that it's him that would leave the exception negligible. Since we're concentrating on portions of DNA that really serve no purpose (that we can tell, at least), there shouldn't be any reason for a database to keep track of parts of my DNA that actually serve a function and may give details of my life like if I'm prone to getting a disease, if I'm lactose intolerant, etc. Involuntary collections should not include such information. Voluntary collections should give you the choice (the benefit being that if you're unconcious, your DNA database can tell a doctor what he or she should watch out for).
Furthermore, the use of DNA evidence should be restricted to certain kinds of crimes. Obviously, murder and rape should be good candidates for the technique to be used. However, crimes that, for example, have recently been defined (or redefined) by legislation, should be excluded. Like the fact that the Patriot Act, as it's written, can include something as harmless as protest under the category of "terrorism". Obviously, you should avoid collecting DNA databses here.
There have also been talks of keeping DNA evidence on people who have been detained but not charged, or who have been charged, but proven not guilty. This is ridiculous. If you're not a criminal, or you're not in the army, the only person who should be getting your DNA is your doctor. That's it.
The military 0wnz04z j00 if you sign up w/ 'em (Score:2)
That's because USMC doesn't stand for "United States Marine Corps", it stands for "U Signed the motherfscking contract". Once you sign in, it's like the roach motel - you don't sign out until you're dead. They pretty much own you for the rest of your life. By extension, all br
DNA testing bogus (Score:2)
if the test has a false positive rate of 1 in a Million, then, depending on the size of your country, there could be between 30 - 250 ish people who would test false positive.
Let's assume you're innocent.
Out of those, say, 30 people, another 28 are going to be innocent like yourself. Therefore the probability that you're innocent is 29/30 - a very high probablity. The probability that you're guilty is 1/30, very low.
So for innocent people, the 1 in a million false positive DNA
Re:DNA testing bogus (Score:2)
Furthermore, while it's easy to use DNA to acquit, using it for conviction is harder to do. You can't use a statistic like 1 in 30 million. The prosecutor has to prove that the chances it could be someone else are neglibile, somet
True question is not addressed (Score:2)
The are listed as strigent, but no details are given. "No shoes, no shirt, no DNA" might be strigent in someplaces, but not others. What where the conditions they met?
Pfft....Military?!? What about farmers? (Score:2)
By The Associated Press
(7/17/03 - WEST TISBURY, MA) -- A dog linked by DNA to a chicken coop raid has been spared the death penalty.
Officials in West Tisbury, Massachusetts, instead slapped a permanent restraining order on Sabrina, and ordered the dog's owner to pay $375 in damages to the owner of the dead chickens.
But Sabrina's owner says she's been told the dog won't be so lucky next time, if it's caught in a neighbor's chicken coo
Khhhaaaannnnnn!!!! (Score:3, Funny)
But, if they destroy the samples, they wont be able to combine the samples and create Khan in the future. (Wasn't he supposed to have DNA combined from earth's greatest leaders?) That's no fun at all!
Then again, maybe I'm thinking of that Cobra-la guy from Gi-Joe, Sepentor. [x-entertainment.com]
So very close (Score:3, Interesting)
Me: ummm... yeah... not too sure about that. Hey, I've only got 3 months left on my enlistment. What's gonna happen if we just "forget" and I miss this appointment.
Med Tech: Well, they'll be reviewing everyone's records in January - in about 4 months...
Me: OK, thanks. Bye!
Mil DNA Regs (Score:4, Informative)
Re:So what (Score:4, Insightful)
Which system would that be? The system where only the poor do time, and the rich and famous get off scot free? Well then, you're absolutely right.
80% justice is better than no justice at all (Score:2, Insightful)
Re:So what (Score:2)
Re:So what (Score:3, Insightful)
Uh.. I think "the system" of properly going through the correct channels to obtain and use stored DNA samples in order to be presented as evidence in a criminal trial.
I fail to see the relevence and +insightfulness of your post. Way to go, mods!
Re:So what (Score:2)
Re:So what (Score:5, Insightful)
Re:So what (Score:2)
The system uses apostrophes!
Re:So what (Score:4, Interesting)
Requiring a DNA sample is a "search" for purposes of the U.S. Const. 4th Amendment. Because it is a suspicionless search, the interest of the gov't must outweigh the privacy interest of the individual. One factor of the privacy interest of the individual is that the individual have a legitimate expectation of privacy that society would recognize as such.
Because this man was a soldier, the extraction of DNA and placement of same into the DoD Repository was not unconstitutional; however, there are serious 4th Amendment issues implicated when the DNA in the repository is obtained and used against an individual in a criminal proceeding after an individual's tour of duty is complete.
I would say that this individual has a very case for a 4th Amendment violation. However, there is one caveat: if this man had finished his tour of active duty, but was still in the reserves, the DoD did have a compelling interest in preserving his DNA samples (remains identification), which then could be subpoened by a court order from a court of competent jurisdiction.
Very interesting constitutional issues indeed!
All the best,
Alex http://www.VerizonEatsPoop.com [verizoneatspoop.com]
Re:DNA (Score:3, Interesting)
Consider the Anthrax vaccine. Sure, different science, different subject. But while there are many questions about its safety, DoD refused to address these issues. And remember Gulf W
Re:DNA use in *this* case versus *all* cases (Score:3, Insightful)
Just in case there's anyone reading the comments who also read the article...
The DoD's policy seems amazingly correct here. They allowed a suspect's DNA to be searched when there was already reasonable grounds to suspect a specific person. They did not allow a mass search of their database for anyone who might match.
Use of DNA to prove innocence is always valid. Use to increase the probability of guild after you have evidence on a specific suspect is equally as valid. The issue of concern remains pre
bogus DNA (Score:3, Insightful)
First of all, the testing is done by humans and very prone to errors. Also very prone to getting the results they want to get. There have been some noteable cases where it was found that the "odds" of a DNA match of what was tested were vastly overstated by an "expert witness" in court.
Second, while fingerprints are unique (and yet have still been found to be improperly matched by some FBI testers), DNA is not always unique. Want your life ruined by th
Re:well.... (Score:5, Informative)
If people want their destroyed sooner, they can write to
Armed Forces Repository of Specimen Samples for the Identification of Remains
16050 Industrial Drive, Suite 100
Gaithersburg, MD 20877.
And request that it be done.
And for you conspiracy theorists.... pull you head out of the sand on this one.... the military told soldiers about this when they started doing it. I was a medic in the Army when this began and all of your questions were brought up back then as well.
It is funny how you were all smoking pot in college on momma's dollar while some of us had to actually go out and EARN our right to go to college.
Re:well.... (Score:3, Insightful)
Were those who enlisted prior to this given the option to opt-out? Would they hae been courtmartialled if they refused to cooperate with this additional sacrifice of privacy that was not in effect at the time of enlistment? (Anthrax vaccination comes to mind - not as a further sacrifice of privacy beyoond that which was agreed to, though)
Your use of the ad-hominem "conspiracy theorists" and the implication that anyone who objects must "be a
Re:well.... (Score:2)
No thanks, I did a hitch in the USAF in the early 1980's. I did my job (pushing an ancient U-1100/42 at HQ SAC (ADDOS)) and didn't re-enlist, finding it not to my liking. No problem.
I'm sure that medical-admin enlisted types who were disciplined for mishandling "Confidential" military medical records eagerly await having their Letters-of-Reprimand (or more) vacated. That the military does enforce such regulations (rig
Re:well.... (Score:2)
Also, your holier than thou attitude doesn't exactly help people's opinions of the military these days. Maybe if you didn't believe that you were better than the general population, people might have more sympathy for you
Re:well.... (Score:2)
Actually, I was smoking pot on somebody else's momma's dollar. Hooray for being a poor-ass scholarship kid.
BFL