The DNA Technology Invasion of Privacy, Research Paper Example

One the most popular forensic methods use by law enforcement is Deoxyribonucleic Acid (DNA) and DNA databases. DNA is the set of genetic footprints that uniquely distinguish each human being as distinctive. This DNA signature can identify that heredity language by analyzing your semen, blood, salvia, or hair sample. In the new millennium, the benefits of (DNA) testing have allowed law enforcement agencies to save many lives from destruction with this advance technology. The Deoxyribonucleic Acid DNA forensic scientist examines the evidence found at the crime scene seeking to find the true perpetrator. The new advance technology has created a reputable scientific method that is accepted in the society, community and in the legal system. In the new millennium, there have been more crimes solved because of quality detective work along with undisputable DNA evidence in rape and murder cases. In the past, many crimes went unsolved because the investigation process was slow and limited in scope. However, they did not have the sophisticated DNA forensic technology that is faster and more accurate in the identification of murderer or theft.

The world has been educated concerning DNA in the media, television and social networking that provides many examples of how DNA brings the right person to justice. Many cases from 20 years ago have proven that men on death row were not wrongly convicted. The evidence found with DNA testing and DNA databases proved they did not commit the rape. There is no doubt that DNA testing is excellent tool to fight crime, rape, murder, and theft. DNA testing is the most reliable way to test salvia, blood, or hair to help detectives solve criminal cases. It has been documented that DNA testing has the lowest margin of error rate when matching the perpetrators blood sample to the crime scene.

The DNA advancements in forensic science have been crucial in maintaining social order while making sure the wrong person was not convicted. The development of advance forensic science methods has been responsible for improving law enforcements ability to solve crimes. However, there are pros and cons concerning the issue of DNA invading the privacy and violating the 4^th amendment. There is statistical evidence that prove that DNA testing has prevent more crimes and deaths in the community. Including many benefits as convicting serial killers that would have killed hundreds of more victims without DNA testing. The supporters of DNA believe the success of the advance forensics technology lowers crimes because they convict undetected crimes. In our society, the family suffers from crimes such as murder, aggravated assault, rape, robbery, larceny, and theft. These crimes would never be resolved without the assistance of forensic technology called DNA. The forensic technology allows law enforcement researchers to find out the truth about the crime by analyzing physical evidence left at the scene.

Nevertheless, at what cost to the citizens because the law enforcement of providing DNA is a violations of the 4^th amendment rights. The primary problems are citizens arrested for a crime but has not been convicted is forced to swap his mouth for DNA. Any time the police pick a suspect criminal for any crime, they have the right to book the not yet convicted and legally swipe the inside of his cheek for DNA. It now legal in 21 states (DNA Forensics 1). The price of law enforcements success utilizing DNA has been at the expense of the American citizens. These actions go against the constitutional rights that built this country.

In a study performed by the Denver District Attorney’s office found that with the assistance of DNA testing that 47 crimes from kidnapping, rape, felonies and sexual assaults (DNA Forensics 3). The lives of 47 people would be destroyed because the DNA testing was not allowed in these cases. These crimes would go unpunished allowing each criminal to commit multiple crimes further attacking unsuspecting citizens. The study supports the positive reasons the DNA testing must be allowed to ensure law enforcement can make our streets safe

DNA testing has created a negative impacted on the way the law enforcement agencies assemble evidence, in criminal cases including murder and rape. The reliance on DNA databases and scientific testing has replaced detail investigation, solid evidence, and supporting witnesses to solve crimes. In the news, it has been documented the many shortcomings to DNA testing which including the exactness, expensive DNA testing and the inconclusive DNA test. The DNA database utilize in the United States is a direct violation of the constitution, violation of human rights and an invasion of privacy..In contrast, there are advocates for DNA who do not agree with the use of DNA before the criminal have been proven guilty in a court of law. The study by Innocent Project (2014), found that forensic misconduct in presenting the evidence leads the juror to believe DNA is an exact science that cannot be disputed. This resulted in hundreds of people being convicted with no recourse to overturn the DNA testing matches (pg.1)

The only way DNA testing can be legal, if the legal system deemed it acceptable to issue a warrant by the circuit court judge.The old adage” a person is innocent until proven guilty in a court of law.” Conversely, this means that the obtaining the DNA from the criminal before convicted goes against the citizens right to privacy and constitutional rights. It is irresponsible and unconstitutional to take a citizens DNA without a judicial court warrant. In the Supreme Court, they are facing arguments that warrantless DNA swabs by law enforcements may be unconstitutional. They cited a male suspect for a crime which they swab his DNA. However, he was found innocent of the crime. In the interim, they found he had committed another crime 5 years earlier. The courts found it was from the poisonous tree throwing out the conviction as unconstitutional (NPR 2).The law enforcement agencies are utilizing other tools that are a violation of privacy rights such as the social networking Instagrams and Facebook. The social networking information is public information that each personal agreed to put on the Internet, however, law enforcement would still need a warrant form a judge to access that persons Facebook to review incriminating pictures. The guilt assumed on the Internet is another flaw in the argument that the owner of the Facebook account posted the picture of information. The utilization of any pictures, statements, and personal information cannot be used by law enforcement because it is still a 4^th amendment violation. The police do not have the right to access personal information regardless if the information is incriminating. The police have tried to go around this argument by letting a friend provide this information. However, it is still an invasion of privacy (Williams 2).The slow determination of the constitution will lead to the destruction of our society because the same laws that built this country are being are not being honored.

Conclusion

The benefits and advantages of DNA has some real merits, however, the law enforcement violations of constitutional rights must not be violated by law enforcement. The law enforcement has cross the line of personal privacy when the swab people with a warrant signed by the judge. The benefits do not outweigh the violations of human rights that been the foundation of our society for many years. It is unconstitutional to take a citizens DNA without obtaining a sign warrant from a judge. In the Supreme Court, they are considering banning law enforcement agencies from using DNA swabs by law enforcements. It a clear-cut case of Americans rights being violated in the name of technology.

Works Cited

DNA Forensics. (2014).Arrestees: Taking the DNA of arrestees: Protecting the public  or violating the 4^th amendment? Retrieved from http://www.dnaforensics.com/Arrestees.aspx#washington

Innocent Project.(2014).Understand the cause. Retrieved from http://www.innocenceproject.org/understand/Unreliable-Limited-Science.php

NPR(2014).Supreme Court considers if warrantless DNA swab violates constitution. Retrieved from http://www.npr.org/2013/02/26/172886713/supreme-court-considers-if-warrantless-dna-swab-violates-constitution

Williams, B. (2014).Cops find social media an effective tool to catch criminals. Retrieved from http://www.mprnews.org/story/2014/05/28/social-media-tool-for-catching-criminals