Monday, March 10, 2008
Some Arguments Against A DNA Database
The DNA database post by Moe led to a flood of replies. It was impossible to choose one which made all the relevant points or best put the case against, so we've tried to amalgamate a few of them. We hope you can't see the joins. The general feeling in respect of a database from those who oppose it (the majority of emailers) was that convicted criminals should have their DNA taken and catalogued. Those who are arrested but not charged (or never arrested) should be free from this requirement.
Thanks to Matthew, Kimpatsu, Charlie Alpha, Steve, Janey Jones, Jack Straw's Misplaced Conscience and Molly, among others.
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We welcome contributions from all, but particularly serving officers (we won't allow the identification of you, your force or any other person where it's not a matter of public record.)
Government Agenda.
A Government which assures us there are safeguards today (assuming we believe in those safeguards anyway) may well be replaced by a future government with very different priorities. For example, the DVLA’s database was originally intended only to offer third-party access to the Police; now others with ‘good reason’ can have our private information. We are obliged to provide this information, at risk of prosecution if we fail to keep it accurate, yet the safeguards we were promised have been eroded. In the future can we really guarantee that no future government will ever consider selling our DNA samples to, say, a life insurance company to allow them to deny cover based on genetic factors?
The Pace of Change.
The Government has already shown itself to be unworthy of trust.
When the national DNA database went live in 1995, only the DNA of convicted offenders could be held on it. Samples taken during an investigation had to be destroyed if the suspect was acquitted or the charges dropped. In 2001 that changed, allowing the profiles of those acquitted of certain crimes to be kept. In 2004, fresh legislation permitted the taking of samples from anyone arrested for a recordable offence and detained at a police station. By the end of 2005, 200,000 samples which would have been destroyed before 2001 were being retained.
Criminal behaviour.
There are already reported instances of criminals collecting, for example, cigarette ends and hair in order to scatter them at the scene of a crime. The intention is to delay and confuse the investigation and would be likely to result in more innocent people being included as suspects - and perhaps convicted - simply by virtue of having used the ‘wrong’ wastebin or hairdresser.
After a few decades of reliance on a national DNA database we can expect a number of wrongful imprisonments to emerge.
Security.
Hackers have managed to break into military systems. Can there be any guarantee that no-one will be able to break into the DNA database and alter files? Can anyone guarantee that all staff with access to the database will be incorruptible and incorrupt? Can anyone guarantee that a disc full of DNA samples won't get lost in the post?
The permanence of DNA.
If any of the above security lapses occur, what is that significance of this? Today, if you suffer identity fraud it's annoying. But it's not permanent. Someone discovers your PIN number and bank account - so you change them. If DNA samples are lost or misused, these can never be swapped. Once you're on the DNA file, you’re there forever. Imagine if the DNA database was mislaid like the recently-lost child-benefit database. Whoever intercepted the data would have power over you (and your descendants!) for eternity.
Cost.
Is there any realistic assessment of the cost of taking DNA samples from every living person in the UK, and every person who comes to the UK or is born here, forever? Is there any realistic estimate of the cost of creating an interactive database to hold (currently) 60+ million records, and staffing it forevermore? It will run into billions and billions of pounds. Is this a sensible use of that money? Would it not be better spent on more police and more prison places for actual criminals, as opposed to a system that monitors the innocent?
Utility.
Is there any evidence that a DNA database will prove as effective as some proponents believe? Some cold cases have been solved as a result of DNA records being re-analysed. But these cases involved suspects who hadn't moved home, or were otherwise easy to trace. How will the DNA database assist in the tracing of a criminal who uses different IDs and doesn't pay his council tax? Because there are a few of them out there.
Civil Liberties.
It's a hard argument to make, but crime is part of living in a free society (and the protection of that free society is surely what the police are for). If the government wanted to, it could eliminate almost all crime by placing surveillance cameras - or state officers - in every house and place of business. It could turn cities and towns into fortresses, with papers and permission required to enter or leave. It could force everyone into labour camps and work them 16 hours a day to leave them too tired to commit crime. The point is not to compare these tactics with a DNA database but to make the point that the prevention of crime is not the only game in town. Freedom - even the freedom to commit crime and, unfortunately, sometimes to get away with it - is important.
Someone will almost certainly comment to the affect that 'if your wife or father was murdered you would soon change your tune'. This shows how difficult the argument is. Clearly, we cannot make law on individual cases of personal importance to us. We should improve and strengthen traditional law enforcement instead of throwing away our liberties lightly.
I notice that you have specified the text colours for this entry. This affects the legibility for people who read it in other places with different colour schemes (for example, the syndicated account in Livejournal, where I read your blog in my "friends" page). It's not been a problem before, but this entry barely shows up against a black background and would be lost to anyone with a grey one! Just thought I'd let you know.
The cost of getting samples from law abiding members of the public would be vast.
Each person would have to attend a location, presumably a police station (wasting their time) then as well as the 5 minutes taking the swab and doing the form a further significant period of time would have to be spent fingerprinting and obtaining and verifying other information like name, date of birth and so on. With arrestees this process is being done anyway so the additional time collecting DNA is minimal. In fact these days many if not most arrestees are already on the DNA database because as we all know most crimes of violence or dishonesty are committed by repeat offenders.
So the cost of extending the database would be vast. The benefits to be gained would on the other hand be small. Why take DNA from millions of old age pensioners to ensure a handful of criminals are detected sooner.
I would argue that greater public good would come from spending the time and money needed for a full national DNA database on more police officers to prevent crime happening in the first place or for that matter on more prisons so less crime is committed by criminals released early.
What about people who simply refuse to attend voluntarily? who will physically drag these people kicking and screaming to a "collection" point?
What about celbrities and the mega rich. Are they going to stand in line with the average Joe like good little obediant people?
What about those who are almost invisible. Who don't have a paper trail and live on the edges of society in the shadows.
Who's going to go into a travellers site and start dragging a bunch of gypsies to the nearest nick?
The only people who will comply voluntarily are the average well behaved middle class type person who does not commit crime and pays their way in society.
The only way I can see that the governemnt will enforce this is link it to id cards. You must give your DNA to obtain an id card and then make it impossible to move freely around the country or even buy anything without first showing your id.
The police state is coming. I'm a cop and I don't want this.
However, if it meant that rapists, pedophiles, burglars etc were very much more likely to be caught and imprisoned then personally, I would in principle be prepared to have my DNA registered on a national database.
Freedom and civil liberties are one thing and we should not underestimate their value, but at the moment we are in danger of losing the war against violent criminals.
If technology can be used cost effectively to protect our children and families from violence then surely that is worthwhile.
I'm assuming, maybe incorrectly, that a DNA database could pay for itself by reducing the cost of catching and convicting many criminals ?
Am I right in thinking that my DNA would be fairly similar to my parents, brothers, sisters, aunts, uncles etc???
If so, couldn't we just take DNA from dead people? So for example, I commit a crime, my DNA is found at the scene and is matched to my grandfathers. At least it would be a head start....
It would also mean that we wouldn't all have to line up and be swabbed.
Hardly, since the pro-Gattacans like to argue that DNA just points you in the right direction, then in addition you have do all the same footwork that you'd do if they were grassed up.
How are we going to pay for jailing all the scrotes that we catch? If you you assume that the majority of them will be fined rather than jailed, then hang on - isn't the pro-Gattacan argument about catching serious criminals?
There's an argument to be made that there will be a deterrent effect in the long term, but the immediate result would (presumably) be a lot more people caught, a huge logjam in the courts, massive waits for trials, then a lottery for the few available jail places.
I'm more minded to think that the short term effect will be to increase contempt for the Criminals' Justice System beyond its current levels.
In the long term, meh, we'll all be ruled by robots anyway.
You get 5 years for rape (released in 2 years).
You get 4 years for manslaughter (released in 18 months).
You get 10 years for murder (out within 4 years).
What's the point in detecting any more?
Spend money on 200% more prisons. Keep these unemployed criminal thugs locked up for their rightful terms.
Only when we get sentences right NOW should be start casting the net even wider.
With this current nonsense of a sentence model put together with this DNA argument, all we'll achieve is more people sentenced with lesser terms.
Mark my words, soon - murder will equate to 18 months in prison.
I'd vote for any political party who puts 5p on income tax to build and run more prisons. I've hard enough of violent criminals evading justice in the UK!
(Guardian readers and liberals - go and buy and live in these poxy estates for ten years - then lecture me about human rights)!
'We currently 'detect' sufficient crimes without a full DNA database.
You get 5 years for rape (released in 2 years).
You get 4 years for manslaughter (released in 18 months).
You get 10 years for murder (out within 4 years).'
Please someone tell me thats not true. If it is true who is starting the revolution 'cos i'm right behind you!
There has been a lot in the press regarding recent cases where DNA has identified an offender, in both these cases their DNA was not on file, both assuming they were too clever ever to be caught didn't take precautions, if it was on file would they have not comitted the offences or been more careful when carrying them out. I do not recall any cases recently where a stranger rapist has been identified by DNA which was already on file. Not a solid and exhaustive argument I know but worth considering.
However I think it is important to clear up some misapprehensions about the DNA database. It is for intelligence only ie It gives us a clue as to who may have committed a crime but an evidential sample must be taken from you when you are arrested/detained/questioned as part of the investigation. It is this sample which is analysed and used for court purposes as opposed to the non admissible intel on the database(at least that is what happens north of the border).
What actually happens is that when you are arrested for the first time and you are n't on the database,a DNA1 mouthswab is taken from you creating the record on the database. If your profile on the database is subsequently matched to a crime scene stain (blood at point of entry to a break-in, semen on a rape victim etc)a fresh evidential (DNA2) sample is obtained from you when you are taken in/nicked/huckled/jailed/detained(delete as appropriate)and used in court.This means that even if someone gives your details when they have their initial DNA1 taken the evidential (DNA2)sample will prove that the crime scene stain was not left by you. As a further back up arrested persons should be fingerprinted and photographed when they have their DNA1 taken.
The system is far from fool-proof with the most common error being somebody's record showing that their DNA is on the database when in fact it is n't. Your criminal record is marked when your DNA is taken and after it is taken a couple of times the police dont bother taking it anymore(for cost reasons). What can happen is that the police take a sample(s) and mark up your record accordingly however the sample is rejected by the lab; sample spoiled,insufficient cells taken, form wrong etc etc. This means that someone can be a serial offender but he/she will never be identified by DNA because the police believe that their profile is on file when it is n't. "It cant be Joe Bloggs even though it is his MO because there has been no hit on the database and Joe bloggs DNA is on file"
I know that this post is a bit boring and long-winded but we need to improve the quality of the debate.
In short spend the money on prisons.
In my six year police career, along with in excess of 500 detections, only three have resulted in a prison term. Those that did went inside for a matter of weeks.
Prolific career criminals take getting caught as an occupational hazzard. They see the police as 'a thorn in their side,' an inconvenience. They know full well that, even if caught, they're not looking at anything like a serious deterrant.
Probation for 12 months, community sentences, suspended jail sentences, fines that equate to a paltry few pence from their giros for two years....
It's laughable. And with the jails crowded, you just have to imagine what these convicts have done to get put inside......
We need a decent Home Secretary, a decent government and some funding in the right places.
Those that say that prison doesn't work are WRONG, WRONG, WRONG.
Prison doen's re-habilitate - but that's not prison's primary purpose. Their purpose is to punish, to be squalid and vile places so as not to re-offend and be put back there again. Sadly, people who are wanted are known to hand themselves in at Christmas just so that they can have a better time in December. If only they'd make prisons a truly unpleasant place to be (I don't mean cold showers, slopping out and beatings) - but no face to face visitors, no consumer gadgets and working for a living, these work shy scum would grow to detest it and behave!
It's a simple argument - like most policies, the simple ones usually work!
I'll stop moaning and just get back at dealing with the same offenders again and again knowing full well that the courts are not going to dish out proper sentences. And that's not the fault of magistrates and judges. They're as much a mere pawn in this government's micro-management as anybody else. There are only one group of losers here, and that's the decent tax paying public. When is there going to be a revolution?
>>How are we going to pay for jailing all the scrotes that we catch?
People in prison must work in order to pay for the cost of their keep, the cost of prosecuting them and compensation for their victims.
Would need to have safeguards in place to ensure people weren't wrongly imprisoned to create a supply of cheap labour.
If you are not free to choose wrongly and irresponsibly, you are not free at all. – Jacob Hornberger (1995)
A nation of sheep will beget a government of wolves. – Edward R. Murrow
Just adding these quotes to help the debate move along.
I'd like to think we could all rely upon good old fashioned coppering, but modern tools and technologies can be enormously helpful. However, I cannot but help think that society as a whole is becoming more remote from it's police forces, some compromise must be achieved before we succumb to the database solutions.
Add the person's voting record ( "test of true citizenship"), Tax payment records ( "national support citizenship")
And undesirable blood / matital relations - just in case ("birds of a feather test").
Stalin would like 6this
Well I remember the assurances we were given about the security of occupational pensions. Only to have a subsequent government slope shoulders when some folk lost their savings.
I agree with Rogerborg, start punishing the crooks we have already caught and convicted.
Monty
Someone will almost certainly comment to the affect that 'if your wife or father was murdered you would soon change your tune'.
This is why the saying 'hard cases make bad law' exists.
The judicial process must be exempt from emotion to keep it fair and just - thats why she has the blindfold on...
I would say its primary purpose is simply to keep criminals away from law abiding people.
Socialists seem to use the fact that people re-offend after prison as a reason to use prison less and rehabilitation more.
I suggest that means that if they are going to re-offend anyway, just keep them in for their whole sentence - that way they aren't mugging people, they are burgling people's houses, they aren't doing any of the other 101 things that a scumbag gets up to.
>>How are we going to pay for jailing all the scrotes that we catch?
>@Simg
>People in prison must work in order to pay for the cost of their keep, the cost of
>prosecuting them and compensation for their victims.
Then we'd better bring the costs down by a long, long way, since I wouldn't imagine that the earning potential of a typical lag would be very high.
We might be able to make recoup some costs by shipping them off as indentured labour to third world cesspits like Burma or Alabama, but I'm sure that would give the Brussels Beardy Brigade a fit. Actually, that's a good a reason as any to do it.
>> Then we'd better bring the costs down by a long, long way, since I wouldn't imagine that the earning potential of a typical lag would be very high.
Hmm, good point.
How about we get Tesco's running the prison system ? (I'm only half joking )
Alternatively, here's another idea. We outsource our call centres overseas... I'd outsource our prisons too. Somewhere like Zimbabwe perhaps, or North Korea. That would have an effect on re-offending rates, I bet!
A Budget Day strike planned by civilian workers at the Metropolitan Police and security staff at the Houses of Parliament has been called off.
(Advertisement)
Members of the Public and Commercial Services union, including community support officers, traffic wardens and 999 operators, were due to walk out for 24 hours in a row over pay.
The union called off the action after agreeing to hold fresh talks over a rejected 2.5% pay offer.
ARE THEY TAKING THE MICHAEL????
just heard about the loss of Michael Todd, the Chief Constable of Greater Manchester Police. how very sad. sympathies from chicago
Couldn't organise a conspiracy eh? What rubbish! The force are masters at "conspiracy of SILENCE" regarding historical sexual abuse [and worse] committed by rogue cops. They had the DNA of TWO males for the murder of Lesley Molseed in October 1975. They convicted an innocent man. When they were given the real culprit in December 2004, it got covered up. Last year they got the 2nd man and conveniently FORGET to mention a certain ex Inspector bastard Beast, who killed her, AND my sister Lynne Whitely 1956. Don't BULLSHIT anymore please.
It's an insult.
Well worth the read.
Anon 0143, yes I know about the DNA in 1967, you need to tell this to a wider audience.






