DNA testing and social controlPragmatism is the watchword when it comes to taking away freedom. Public opinion tends to be against any attempt to limit civil liberties across the board. It is common practice, however, for the government to violate the rights of certain groups in the name of public safety or to fight crime. This is what is happening with government collection of DNA samples. New York state announced on August 5 that it plans to collect DNA samples from every person in prison, on parole or on probation in that state for one of a specified list of crimes. Included in this list are murder, sex crimes, drug dealing, and some drug-related crimes. The samples will be digitized and entered into state computers. Once this database is created, the police will be able to examine it to find a match with evidence found at the crime scene. New York isn't alone in doing this. All 50 states maintain a DNA database of some kind. Mostly, however, it is only people convicted of sex crimes who have their data stored. Eight states sample DNA at a level comparable to New York's proposal. In Louisiana, police collect and store DNA samples from any person arrested. Supporters of expanding the use of DNA testing in the legal arena are keen to point out that these tests will exonerate truly innocent individuals. DNA testing has exonerated some wrongfully imprisoned people, but it is false to think that this is the real reason for the growing use of DNA testing. The real reason for this is, of course, to help prosecutors get more convictions. It is therefore worth keeping in mind that the criminal justice system currently reflects deep class and racial biases. Journalist and lawyer David Cole argues convincingly in his recently published book No Equal Justice that this is no coincidence. Rather, law enforcement, the legal system, and the prison system operate to ensure the disproportionate incarceration of the poor and people of color. If the government only conducted DNA tests on people convicted of crimes, it would strengthen and expand this already unfair process. Of course, one possible way to blunt these biases is to take DNA samples from absolutely everyone. It might sound Orwellian, but there is a certain logic to it.
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