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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-18-09 11:47 AM
Original message
Spit and Acquit
http://schott.blogs.nytimes.com/2009/04/16/spit-and-acquit/

Nickname for an Orange County program under which defendants charged with minor crimes are released in exchange for providing a DNA sample.

Reporting from Santa Ana, California, The Associated Press said:

Defendants charged with low-level drug offenses under existing statutes can have their charges dismissed if they participate in drug treatment programs or undergo court supervision. But under the district attorney’s program, felony drug defendants can go free after arraignment if they agree to provide a DNA sample, without completing any drug treatment or supervision.

The A.P. noted that

dismissed charges have included drug felonies such as simple possession of heroin or cocaine and possession of methamphetamine and low-level misdemeanors, such as petty theft and driving with a suspended license.

And said:

Some judges and defense attorneys worry that the program - dubbed “spit and acquit” by its critics - could lead to abuses of power, undermine the privacy rights of defendants and affect public safety.

However, those in favor of the program argue that spit and acquit might reduce prison overcrowding and free-up resources for the prosecution of more serious crimes. It has also been suggested that individuals may be deterred from committing crimes in the future if they know their DNA is on record.
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gcomeau Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-18-09 11:57 AM
Response to Original message
1. No issues here...
Considering:

1. It's obviously a one time thing... not a free pass to flaunt the law at will (there's no possible reason to trade release for DNA samples more than once).
2. I like increased surety in investigations and prosecutions and DNA matches are one of the best methods to achieve it.
3. It undermines the privacy rights of those charged about as much as fingerprinting them does unless this information is being published or released to third parties for genetic screening or something... which I've seen no indication of.
4. We sure as hell don't need to be shoving more people into the prisons for minor infractions.

My personal opinion of the program based on first impressions would range somewhere between.... 'meh' and lukewarm support.
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-18-09 03:39 PM
Response to Reply #1
2. Thing Is, Get Another "Dictator" Like BushCo In Charge, and Each Is a Sitting Duck
There's reasons for privacy, and abuse of power is the primary one.
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gcomeau Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-18-09 10:40 PM
Response to Reply #2
3. A sitting duck for...?
What exactly? What is the next incarnation of Bush going to do with your DNA sample? Clone an evil you to replace you with so nobody notices when he throws you in prison without a trial?

There are legitimate privacy concerns if DNA samples are mishandled, but they don't really apply to a dictatorial government so much as, say... misuse by an insurance company.
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