February 04, 2012
/24-7PressRelease/ -- New York Pushing for Expanded DNA Testing Standards
Early in 2012, New York Governor Andrew Cuomo proposed an expansion of the state's criminal DNA database. Since 2006, testing has been mandatory for people convicted of all felonies and a list of about 35 misdemeanors. The new proposal would gather DNA samples of anyone convicted of any crime within the state, even those convicted of petty offenses such as petty larceny or some traffic violations.
On Tuesday, January 31, the New York State Senate approved the bill. The lower house, the New York State Assembly, still has to act before the proposed legislation goes to Gov. Cuomo for his signature, however.
Citing a link between those who commit violent crimes and the likelihood of also committing non-violent crimes, law enforcement officials are supportive of the proposed expansion. New York police point out that many falsely accused individuals would be let go because of such testing, but there have only been 27 people exonerated in the state due to DNA testing since 1991.
Opponents of the proposed bill are concerned with the potential errors that may result from the increased number of tests that will be required by an already overburdened system. Currently, 48 percent of persons in the state convicted of crimes are required to submit to DNA testing. If the other 52 percent are to be tested, there is much more room for error, potentially leading to false accusations and further criminal convictions based on erroneous data.
The New York Civil Liberties Union has many concerns and states that the governor would have to do a complete overhaul of the proposed plan if the group is to support it. The NYCLU is already calling for strict standards with collection, storage and use of the DNA evidence, worried that people's interests will not be sufficiently protected.
Some of the concerns the huge influx of additional collection requirements would cause to the current system are:
-Improper testing procedures
-Insufficient training for those performing tests
-Improper storage
-Contamination of evidence
-Trace samples being relied upon as evidence
-Potential for corruption, such as bribery
No testing system is infallible, nor is any investigative procedure. If you have been charged with a crime, an attorney knowledgeable with the aspects of criminal law in New York can be of great assistance. Let an experienced lawyer help you structure your defense.
Article provided by Law Office of James W. Winslow, P.C.
Visit us at http://www.winslowlawoffice.com
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