01-05-2013, 06:16 PM
The DNA sampling prohibition by the judge really surprised me; did a little reading.
All states require convicted felons to submit DNA for the national database and some states allow for mandatory DNA sampling of suspected felons (prior to conviction) and even allow for the samples to be kept in the database if the suspect is acquitted.
What's not specifically addressed under most state laws is DNA sampling for juvenile suspects. This may explain why it was left up to the judge to decide in the Robinson brothers case. I don't know if the judge's ruling would be automatically nullified if the brothers are tried as adults (suspected adult felons in NJ can be mandated to give up DNA samples).
Interesting subject; lots of inconsistencies in the laws between states and lots of controversy surrounding fourth amendment issues and expectations of privacy. The ACLU is active in fighting mandatory suspect DNA sampling laws in California. The Supreme Court is set to review the law on a federal level (in response to a Maryland petition) in mid 2013.
Snipped (May 2011):
A new wave of legislation is sweeping across the nation with nearly half of the states currently requiring the pretrial collection of DNA samples from individuals who are arrested for various crimes but not yet convicted. Collected DNA samples are submitted to the Combined DNA Index System ("CODIS") and are compared against other DNA profiles in CODIS. The states listed below have enacted laws requiring arrestees to submit DNA samples. However, the laws are not uniform among the states. Several states, including Maryland and Tennessee require a probable cause hearing prior to the DNA being loaded into a DNA database. Some states, such as Alabama, California, and Florida require DNA samples to be submitted if an individual is arrested for committing any felony offense. Other states, including Arizona, Maryland, and New Mexico require DNA samples to be submitted only in cases where an individual is arrested for a violent felony such as murder or sexual assault. Additionally, state laws vary whether juveniles must submit DNA samples upon arrest. Florida, Kansas, Louisiana, and South Carolina specifically include juveniles while other states do not.
http://www.ncstl.org/resources/DNACollectionUponArrest
Reference: 2013 Supreme Court review
http://articles.baltimoresun.com/2012-11...king-s-dna
All states require convicted felons to submit DNA for the national database and some states allow for mandatory DNA sampling of suspected felons (prior to conviction) and even allow for the samples to be kept in the database if the suspect is acquitted.
What's not specifically addressed under most state laws is DNA sampling for juvenile suspects. This may explain why it was left up to the judge to decide in the Robinson brothers case. I don't know if the judge's ruling would be automatically nullified if the brothers are tried as adults (suspected adult felons in NJ can be mandated to give up DNA samples).
Interesting subject; lots of inconsistencies in the laws between states and lots of controversy surrounding fourth amendment issues and expectations of privacy. The ACLU is active in fighting mandatory suspect DNA sampling laws in California. The Supreme Court is set to review the law on a federal level (in response to a Maryland petition) in mid 2013.
Snipped (May 2011):
A new wave of legislation is sweeping across the nation with nearly half of the states currently requiring the pretrial collection of DNA samples from individuals who are arrested for various crimes but not yet convicted. Collected DNA samples are submitted to the Combined DNA Index System ("CODIS") and are compared against other DNA profiles in CODIS. The states listed below have enacted laws requiring arrestees to submit DNA samples. However, the laws are not uniform among the states. Several states, including Maryland and Tennessee require a probable cause hearing prior to the DNA being loaded into a DNA database. Some states, such as Alabama, California, and Florida require DNA samples to be submitted if an individual is arrested for committing any felony offense. Other states, including Arizona, Maryland, and New Mexico require DNA samples to be submitted only in cases where an individual is arrested for a violent felony such as murder or sexual assault. Additionally, state laws vary whether juveniles must submit DNA samples upon arrest. Florida, Kansas, Louisiana, and South Carolina specifically include juveniles while other states do not.
http://www.ncstl.org/resources/DNACollectionUponArrest
Reference: 2013 Supreme Court review
http://articles.baltimoresun.com/2012-11...king-s-dna