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Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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September 22, 2009
Natalie Jacobs
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1

Presumed innocent but required to give a DNA sample

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That’s right  –  in at least a dozen states persons arrested but not convicted are being swabbed and their DNA sample entered into the FBI’s national database.  This includes a few states that do the same with juveniles upon arrest.

DNAswabAlacoolb

alacoolb (Flickr)

The FBI collects DNA samples from those awaiting trial and from detained immigrants. They assert that increasing the nation’s database will help solve violent crimes as well as exonerate those wrongfully convicted. The Innocence Project has led to the release of over 200 people based on DNA evidence. Seventeen of those released were on death row.

There is a significant difference between an arrest and a conviction. Law enforcement argues that persons convicted of a crime (or adjudicated delinquent as juveniles are categorized) lose some of their privacy rights. Consequently, 35 states require juveniles to provide DNA samples once they’re found guilty of a crime. Two states, Kansas and Minnesota, require minors to do the same when they’re arrested. Proponents say it’s no different than fingerprinting someone who’s arrested.

Do you see any difference between being fingerprinted and having your mouth swabbed for a DNA sample? Do you think it’s a violation of the Fourth Amendment which protects you against unreasonable searches and seizures? Consider this issue from the side of a victim or victim’s family. If the database helps solve a murder or sexual assault, is the invasion of privacy minimal and therefore more acceptable?

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Natalie Jacobs

The Author Natalie Jacobs

Natalie is the co-author of 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing), which she wrote with her father Judge Tom. Prior to joining the AsktheJudge.info team, Natalie worked as a criminal defense attorney. She is passionate about helping youth find their voice and becoming engaged members of their community. She also volunteers for a case involving climate change litigation.

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1 Comment

  • anynomous
    June 25, 2010 6:42 pm count( 0 )

    corruptive cops dont care about admendments they still will do what they gotta do without you being able to do something or youll get in trouble..thanx obama for this.