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| DNA testing of criminals becomes norm |
| By Trenton Times |
| Published: 11/24/2003 |
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It's a new ritual at New Jersey's Mercer County Courthouse: Every time convicted felons are sentenced, they must open their mouths and surrender a unique part of themselves - a small DNA sample scraped from their inner cheeks that may link them to other crimes. The procedure, launched without fanfare this fall, drew criticism yesterday from defense lawyer Robin Lord, who sought to stop three of her clients from having to give the samples. They had just been variously sentenced for drug and assault charges. Lord filed motions to stop the practice because she believes it is unconstitutional. Superior Court Judge Bill Mathesius immediately denied her motion. Lord said she will appeal. Once taken, the samples are turned over to the state police for storage and possible use in solving other crimes committed in the past or future. Assistant Attorney General Patricia Prezioso said the DNA samples have been collected from all felons since September after Gov. James E. McGreevey signed a law permitting them. Previously, DNA samples were collected for only a few specific crimes such as sex assault and murder. Prezioso compared collecting the DNA samples, which are taken by swabbing the inside of a person's mouth, as similar to taking fingerprints but much more accurate. As of Oct. 31, the state had collected 7,053 DNA samples, she said. About 1,000 samples are taken each week by county sheriff's departments after defendants are sentenced. Other DNA samples are taken by parole and probation officers, county jails and state prisons. Everyone subject to state supervision is now required to submit to DNA testing. That includes juveniles, if they are convicted of a felony, said Prezioso. The law does not apply to persons convicted of minor, disorderly persons offenses. While the juvenile DNA files will remain in the state database, adult DNA profiles will become part of a nationwide database. While Prezioso praised the new DNA protocol as a boon to law enforcement, others are concerned that it is a violation of defendants' rights. A three-judge panel of the 9th Circuit Court in California ruled in October the procedure was unconstitutional. That court found it was a violation of the Fourth Amendment right against illegal searches. That decision is under appeal to the full nine-judge panel. While that ruling does not affect New Jersey, the state branch of the American Civil Liberties Union hopes to stop the practice here. "We have received a number of complaints," said Edward Barocas, ACLU legal director. He has filed a brief in support of a request for an injunction to stop the mandatory DNA taking. But Prezioso believes that the DNA databank will make society safer. She explained that the inherited genetic material is so unique that the odds of hitting the same thing twice are one in three times the human population since the beginning of time - except for identical twins. |
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