What is DNA Fingerprinting? | Elements of Law | Common Objections to DNA Fingerprinting | Case Success Stories
States with a DNA Fingerprint Law Enacted | States with Active Legislation

What is DNA Fingerprinting?

The term "DNA fingerprinting" was coined by British geneticist Alec Jeffreys ten years ago. Technically, it is not a fingerprint but rather a print of a person’s unique characteristics obtainable from very small samples of skin cells or body fluids. DNA forensics has become an important tool in law enforcement. In some cases, the DNA tests have helped convict suspects, while in others the tests have exonerated suspects or overturned previous convictions. Recent high profile court cases have put the spotlight on DNA forensics.

DNA can be recovered from areas the perpetrator simply touches, such as the handle of a gun or the clothing of a victim. Such information can be instrumental in convicting the guilty as well as exonerating the innocent

DNA fingerprinting enables justice that is precise and based on science, not opinion or prejudice. A DNA fingerprint can today be developed with microscopic samples recovered from crime scenes. DNA can positively link a perpetrator to the crime scene but equally important, can exonerate others who might otherwise be considered suspects. DNA fingerprinting can exonerate the innocent as well as convict the guilty.

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Elements of Law

• Upon arrest for a felony crime, the suspect is DNA fingerprinted at processing and that DNA fingerprint is entered expeditiously into the CODIS database
• If the individual is later cleared or found not guilty, the individual may petition to have the DNA sample removed from the database permanently

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Common Objections to DNA Fingerprinting

• The DNA obtained can be improperly used to evaluate a person’s medical condition or pre-disposition to illness.
  Response: The DNA Fingerprint contains from 9 to 13 loci and is not a complete DNA analysis, which requires millions of datapoints.
  
  
• More minorities are arrested than non-minorities, therefore it is a prejudiced law.
  Response: DNA ensures a non biased, color blind approach to investigation and prosecution. With DNA fingerprinting the innocent can be exonerated quickly and with certainty.
  
  
• Having one's DNA in a national Database violates a person’s right to privacy.
  Response: Only the DNA of convicted felons remains permanently in the Database. Committing serious crimes should result in the loss of certain rights.
  
  
• It is too expensive.
  Response: The cost of DNA Fingerprint analysis is coming down every day. Expense should not be a factor in protecting innocent citizens in a civilized and wealthy country such as the United States.

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Case Success Stories

• What is the law in your state?

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States with a DNA Fingerprint Law Enacted

• Alaska (murder, sex crimes only )
• Arizona (murder, sex crimes, burglary only)
• California
• Kansas
• Louisiana
• Minnesota (murder, sex crimes, burglary only)
• North Dakota
• South Dakota
• New Mexico
• Texas
• Tennessee
• Virginia (murder, sex crimes only)

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States with Active Legislation

• Illinois
  Current Status: Legislation rejected by President of Senate (Sen. Patterson)
  Reason: More minorities are arrested than whites, therefore law is prejudiced against minorities
  
  
• South Carolina
  Current Status: Governor refused to sign into law
  Reason: Unknown

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