http://www.nytimes.com/2006/03/17/opinion/17levy.html?_r=1&th=&oref=slogin&emc=th&pagewanted=printMarch 17, 2006
Op-Ed Contributor
Caught Up in DNA's Growing Web
By HARLAN LEVY
THE announcement this week that DNA from a paroled violent felon working as a bouncer matches that found on plastic ties used to bind a murdered graduate student highlights DNA's power to implicate people already in state databases.
Fifteen years ago, as a Manhattan homicide prosecutor, I was an aggressive proponent of taking DNA from convicted murderers, rapists and other violent felons so we could catch them when they committed crimes again. I even quit my day job to write a book likening the identification of criminals through DNA to the voice of God speaking on earth.
I still firmly believe in the power of DNA to catch the guilty and exonerate the innocent. This week's developments seem likely to vindicate that faith again. But for all this technology's promise, proposals by some to extend DNA databanks far beyond convicted felons, and even to the general population, go too far.
In the early 1990's, state legislatures did what many early proponents of DNA urged: they passed laws to take DNA from those convicted of murder, rape and other violent felonies. Then they enacted laws to take DNA from most convicted felons. Misdemeanor sex crimes were next, a logical, intelligent measure.
But the proposed next steps in DNA collection were more problematic. In 1998, New York City's police commissioner, Howard Safir, proposed that DNA be taken from all arrestees. And Gov. George Pataki has sought to take DNA from people convicted of any misdemeanor, without proof that such offenders are more likely than the general population to commit violent felonies or sex crimes (the kinds of offenses where DNA evidence is most useful).
And the buzz today among prosecutors, judges and defense lawyers is that proposals to take DNA from the entire population are next.