{"title":"被捕者的DNA数据库应该扩展到轻罪吗?","authors":"Elizabeth E Joh","doi":"10.2174/2352092209666150205104945","DOIUrl":null,"url":null,"abstract":"<p><p>In the United States, those groups of persons eligible for compulsory DNA sampling by law enforcement authorities continue to expand. The collection of DNA samples from felony arrestees will likely be adopted by many more states after the U.S. Supreme Court's 2013 decision in Maryland v. King, which upheld a state law permitting the compulsory and warrantless DNA sampling from those arrested of serious offenses. At the time of the decision, 28 states and the federal government already had arrestee DNA collection statutes in place. Nevada became the 29th state to collect DNA from arrestees in May 2013, and several others have bills under consideration. Should states collect DNA from misdemeanor arrestees as well? This article considers this as yet largely unrealized but nevertheless important potential expansion of arrestee DNA databases. The collection of DNA samples from those arrested of relatively minor offenses would increase the number of samples, and perhaps consequently the number of \"hits.\" On balance, however, such an expansion of current DNA laws raises enough serious concerns-chiefly about police discretion, inequitable enforcement, and cost-that legislators should refrain from changing arrestee DNA laws in this way. </p>","PeriodicalId":90715,"journal":{"name":"Recent advances in DNA & gene sequences","volume":"8 2","pages":"59-64"},"PeriodicalIF":0.0000,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2174/2352092209666150205104945","citationCount":"2","resultStr":"{\"title\":\"Should arrestee DNA databases extend to misdemeanors?\",\"authors\":\"Elizabeth E Joh\",\"doi\":\"10.2174/2352092209666150205104945\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>In the United States, those groups of persons eligible for compulsory DNA sampling by law enforcement authorities continue to expand. The collection of DNA samples from felony arrestees will likely be adopted by many more states after the U.S. Supreme Court's 2013 decision in Maryland v. King, which upheld a state law permitting the compulsory and warrantless DNA sampling from those arrested of serious offenses. At the time of the decision, 28 states and the federal government already had arrestee DNA collection statutes in place. Nevada became the 29th state to collect DNA from arrestees in May 2013, and several others have bills under consideration. Should states collect DNA from misdemeanor arrestees as well? This article considers this as yet largely unrealized but nevertheless important potential expansion of arrestee DNA databases. The collection of DNA samples from those arrested of relatively minor offenses would increase the number of samples, and perhaps consequently the number of \\\"hits.\\\" On balance, however, such an expansion of current DNA laws raises enough serious concerns-chiefly about police discretion, inequitable enforcement, and cost-that legislators should refrain from changing arrestee DNA laws in this way. </p>\",\"PeriodicalId\":90715,\"journal\":{\"name\":\"Recent advances in DNA & gene sequences\",\"volume\":\"8 2\",\"pages\":\"59-64\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2174/2352092209666150205104945\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Recent advances in DNA & gene sequences\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2174/2352092209666150205104945\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Recent advances in DNA & gene sequences","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2174/2352092209666150205104945","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 2
摘要
在美国,有资格接受执法当局强制DNA取样的人群继续扩大。2013年,美国最高法院在马里兰州诉金案(Maryland v. King)中做出裁决,支持州法律允许对因严重犯罪而被捕的人进行强制和无证的DNA取样,此后,从重罪被捕者身上收集DNA样本的做法可能会被更多的州采用。在做出这一决定时,28个州和联邦政府已经制定了收集被捕者DNA的法规。2013年5月,内华达州成为第29个从被捕者身上收集DNA的州,其他几个州也在考虑法案。各州是否也应该收集轻罪被捕者的DNA ?本文认为这在很大程度上尚未实现,但仍然是重要的潜在扩展被捕者DNA数据库。从那些因相对轻微的罪行而被捕的人身上收集DNA样本会增加样本的数量,可能也会因此增加“命中”的数量。然而,总的来说,现行DNA法的这种扩张引起了足够严重的担忧——主要是关于警察的自由裁量权、不公平的执法和成本——立法者应该避免以这种方式修改被捕者的DNA法。
Should arrestee DNA databases extend to misdemeanors?
In the United States, those groups of persons eligible for compulsory DNA sampling by law enforcement authorities continue to expand. The collection of DNA samples from felony arrestees will likely be adopted by many more states after the U.S. Supreme Court's 2013 decision in Maryland v. King, which upheld a state law permitting the compulsory and warrantless DNA sampling from those arrested of serious offenses. At the time of the decision, 28 states and the federal government already had arrestee DNA collection statutes in place. Nevada became the 29th state to collect DNA from arrestees in May 2013, and several others have bills under consideration. Should states collect DNA from misdemeanor arrestees as well? This article considers this as yet largely unrealized but nevertheless important potential expansion of arrestee DNA databases. The collection of DNA samples from those arrested of relatively minor offenses would increase the number of samples, and perhaps consequently the number of "hits." On balance, however, such an expansion of current DNA laws raises enough serious concerns-chiefly about police discretion, inequitable enforcement, and cost-that legislators should refrain from changing arrestee DNA laws in this way.