Tag Archives: DNA Identification Act of 1994

Sartre ~ The Essence of DNA Identity

BATR June 9, 2013

Do you intrinsically possess individual privacy rights, based upon natural law authority, or are your civil liberties arbitrarily defined by the current whims of government? How you answer, this question speaks loudly about your understanding of the nature of your very being. Those who deem that natural law is a myth or a superstition are poised for voluntary surrender of their vital identity. The cataloging of individual essence is aberrant. Your deoxyribonucleic acid is the core element of personal uniqueness and human dignity. If your DNA is subject to government collection and storage, the right of personal privacy is destroyed.

The dramatic proliferation of coercive police powers has little correlation to an improvement in public safety. The precedent that convicted criminals lose constitutional rights has gone virtually unchallenged in a society enamored with obedience to state authority. The practice of the law and the judicial review that provides the arbitrary and capricious rulings that incessantly favors the expansion of a greater level of state control, consistently violates common law and inherent principles.

It seems that civil liberties are an underreported topic by most “so called” conservative venues. Alas, the folks on the left at Democracy Now undertake the task of covering the implications and debates the merits of greater police powers in an interview, Supreme Court OKs Unfettered DNA Collection

 “In a landmark decision, the U.S. Supreme Court has ruled the police can collect DNA samples from people they arrest even before they are convicted of a crime. Supporters of the swabbing method call it “the fingerprinting of the 21st century” that will help nab criminals and break open unsolved cases. But privacy advocates say the ruling is vague because it does not define what constitutes a “serious crime,” and could create an incentive for police to make more arrests. The Supreme Court’s 5-to-4 ruling will likely fuel an expansion of DNA swabbing nationwide.”Background on the legislation that mandates DNA mining is a very slippery slope. The DNA Identification Act of 1994 authorized the establishment of a national index of: (1) DNA identification records of persons convicted of crimes, (2) analyses of DNA samples recovered from crime scenes, and (3) analyses of DNA samples recovered from unidentified human remains. Justice for All Act of 2004 instituted material changes to the DNA Identification Act of 1994, including the:

  • creation of a new indicted persons index;
  • expansion of the offenses for which federal and military offender samples are collected;
  • enhancement of the criminal penalties for unauthorized use of NDIS;
  • authorization of one-time keyboard searches by all NDIS participants of samples not normally included in NDIS (except for voluntarily submitted elimination samples);
  • deletion of the separate requirement for semiannual external proficiency tests (although it retained the separate requirement for biannual external audits);
  • requirement for state and local forensic laboratories to be accredited by a nationally recognized program within 2 years of enactment (October 30, 2006); and
  • requirement for the FBI to report to Congress any plans to change the “core genetic markers” 180 days prior to that change taking effect.

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