Dna Testing

DNA in Criminal Justice

Angela Holmes

North Carolina Wesleyan College

Imagine you have been arrested by the United States Marshalls Service for a crime you did not commit, and now the federal agent tells you they need a blood sample and you don’t have a choice, or the right to refuse.   This is now a reality here in the United States, Federal agents have the right to draw your blood and place your DNA into a national DNA bank.   This paper will explore both the positives and negatives for the DNA collection of American citizens, and what the potential outcomes could be for both positions.   The paper will also explore the current arguments, both pro and con, of the drawing of blood from a suspect or convicted criminal for the purpose of DNA sampling.
DNA collection of federal suspects in the United States is currently allowed under the DNA Fingerprint Act, a 2006 law which allows federal law enforcement officials to collect DNA from individuals "arrested, facing charges, or convicted" of federal offenses (Library of Congress, 2006).   Under this law federal law enforcement officers have the right to take blood from those individuals arrested and charged with federal crimes and those convicted of a federal crime.   In fact, U.S. District Court Judge Gregory G. Hollows ruled, "The court holds that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a universal requirement that a charged defendant in a felony case undergo a 'swab test,' or a blood test when necessary, for the purposes of DNA analysis to be used solely for criminal law enforcement, identification purposes," (Oinounou, 2009).
Many scholars argue that the benefits of DNA collection for offenders, far out weights the possible consequences.   A large database of DNA would allow for the positive identifications of suspects suspected of committing a crime, this... [continues]

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