Guilty Until Proven Innocent?

Paper Summary:

Using Proposition 69 from the State of California, this paper examines the background of DNA sampling and the DNA federal database. The paper discusses the constitutionality of taking, analyzing, and storing DNA samples from individuals who are arrested, but not convicted. The paper presents examples where DNA technology has captured criminals and protected the innocent.

From the Paper:

"In the United States, a person accused of a crime is innocent until proven guilty. However; in so many words, it is not written in the text of the Constitution. This basic right comes to us, like many things, from English jurisprudence, and has been a part of that system for so long, that it is considered common law. The concept is embodied in several provisions of the Constitution, such as the right to remain silent and the right to a jury. Currently, legislation is being pushed for juvenile offenders and adults who have been arrested for a felony but not convicted to be required to submit a DNA profile. This procedure, without due process, violates the Fourth Amendment of the Constitution."

More papers on Guilty Until Proven Innocent?:

• Essay # 87378 : "Criminal Justice"
• Term Paper # 99874 : "Criminal Defenses"
• Argumentative Essay # 67169 : "The Right to Own Handguns"

APA Citation:

MLA Citation: