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DNA evidence - balancing the detection of crime with citizens rights
South AustraliaPolice or CSI: Adelaide?
Whether it’s a documentary retracing the steps of Australia’s most notorious serial killers or an American thriller where the suspect is linked to the crime scene by a single hair, it’s hard to turn on the television these days and not be confronted by some form of crime scene investigation program. In almost every episode, the killer’s devious scheme is unravelled by leaving a DNA sample, usually in the most unlikely places.
Deoxyribonucleic acid (DNA) can be found in all parts of the body, but for a crime scene investigator it usually presents itself in a sample of blood, skin, saliva, semen or hair. Every DNA cell is imprinted with a unique profile that can then be matched with an individual.
While DNA profiling is an ingenious example of technology in forensic procedure it still has an obvious downfall: a DNA sample cannot reveal a suspects identity immediately, rather, it must be matched with a DNA profile already on the system.
The government response to this dilemma is simple; build a DNA database that can be cross referenced with any DNA found at the scene of a crime. Judging by recent legislative changes, it appears that the Rann Government wants to build an extensive database that contains the DNA profiles of suspected offenders as well as convicted offenders.
In 2007 the Criminal Law (Forensic Procedures) Act was adopted in South Australia. This law not only enables the South Australian Police to obtain DNA samples from anyone convicted of a serious offence but it also gives the Police the right to take a sample from a person suspected of a serious criminal offence. If a suspect refuses to allow for the DNA sample to be collected then the Police can legally use reasonable force.
At Michael Woods & Co we are finding that the policy is being enforced wherever possible, even in cases where DNA will not actually help solve the case. For example, a charge of dangerous driving can attract a term of imprisonment and is therefore deemed a serious offence. Accordingly the Police have the right to take fingerprints and a DNA sample from an accused person. A sample can be taken even though it is extremely rare that DNA evidence will be used to prove a charge of this nature.
What is even more concerning is that even if the person is then acquitted (found not guilty) the sample will remain on the DNA database. We consider this to be a gross intrusion on a person’s rights. The fact that an acquitted person’s DNA will still remain on the DNA database is a clear indication that the Rann Government favours the rights of the State over those of the individual.
The war cry of the government is ‘if you’ve done nothing wrong then you’ve got nothing to hide’. But if that’s the case, then where will the government draw the line? Will we be required to provide a DNA sample when we get our driver’s licence? When we turn 18? As soon as we are born?
Big Brother is watching.
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