Daily Kos

Gov. Elliot Spitzer loves BigBrother hates freedom

Mon May 14, 2007 at 07:08:13 AM PDT

I was fairly excited to see the hard charging AG of NY take the governors mansion.  Not being from NY, I really can't say I know Gov. Spitzer all that well.  However, like many I thought his style and Teddy Roosevelt Trust busting attitude might serve well in an era of runaway corporate greed and corruption.  

However, there is a big issue..... Spitzer wants DNA database of all misdemeanor offenders.

http://www.nytimes.com/...

The intention is good.  Let's get people who are in prison who shouldn't be there out so justice is served.

http://www.innocenceproject.org/

There is some fantastic work being done by law students at the Innocence Project.  

At the same time, DNA has become a useful tool for defense lawyers whose clients proclaim their innocence long after their convictions.

According to the Innocence Project, a legal clinic affiliated with the Benjamin N. Cardozo School of Law of Yeshiva University in Manhattan, DNA testing has led to the exoneration of 23 people in New York who had been convicted of crimes, and more than 200 nationwide.

But it seems that we would be solving one problem by creating the potential abuse for another problem.  In my opinion the potential for abuse is far too great.  

Gov. Eliot Spitzer is proposing a major expansion of New York’s database of DNA samples to include people convicted of most crimes, while making it easier for prisoners to use DNA to try to establish their innocence.

Currently, New York State collects DNA from those convicted of about half of all crimes, typically the most serious.

The governor’s proposal would order DNA taken from those found guilty of any misdemeanor, including minor drug offenses, harassment or unauthorized use of a credit card, according to a draft of his bill. It would not cover offenses considered violations, like disorderly conduct.

If keeping innocent people out of jail is the goal then this legislation is without a doubt overkill.  Even the Innocence Project does not advocate what Spitzer wants as law.

What does the Innocence Project think should be the focus?

   * Eyewitness Identification
   * False Confessions
   * DNA Testing Access
   * Evidence Preservation
   * Crime Lab Oversight
   * Innocence Commissions
   * Exoneree Compensation

If you are in New York, let your representative know that this bill is not  what the Constitution and Bill of Rights mean by justice.

Contact the New York Civil Liberties Union to see how you can help
http://www.nyclu.org/

Tags: Eliot Spitzer, DNA, criminal, big brother, new york, NY-Gov (all tags) :: Previous Tag Versions

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