Communications and Ethical Issues

Communication and Ethical Issues Summary

Tina Martin-Fleming

CJA-444

April 24, 2015

Thomas Bullock

Cold Case Files and unsolved crimes can cause tremendous turmoil to the victims and their families. Many officials race against time in the attempt to solve these crimes. Without the evidence to connect a person legally could become an increasingly tasks for law enforcement. To not have this connection could be especially hard on both the victims and the person who committed the crimes. Although, some crimes go unsolved for years there are police officers who are assigned to these cases. Officers are always attempting to solve these crimes searching for new evidence surfacing or DNA profiles linking someone to the crime.

In the 1980’s the courts relied on the testimony of eyewitness accounts as the primary source of evidence. Technology has developed; DNA had become a modern technique used either to convict or to exonerate an individual of a crime. DNA is the genetic makeup of an individual that is used to connect that person to the alleged crime. The collection of this information is considered the true identity of a person’s genetic profile. 

        Collecting DNA is a requirement for any person convicted of a violent crime that constitutes a felony. The need to collect a DNA profile is information that is stored in a national database to match a criminal for past or present crimes that they could have committed.  There is DNA; however, that is considered as discarded DNA. Discarded DNA can be obtained from discarded items that are left behind that are not considered a violation of the person’s privacy.  The issue of collecting DNA without consent is a violation of privacy. There are certain requirements under state law that this does exist. For example; a person convicted of a misdemeanor does not have to submit DNA, even if they are suspected of a crime. There must be a significant amount of evidence before it can be obtained. A police officer can’t just stop a person on the street and do a swab test to any individual. Illegally obtaining your DNA from illegal search and seizures is also a clear indication as a violation of person privacy. However, there are collections that are not considered as a violation of a person’s privacy.

Discarded DNA is anything that’s left abandoned, such as trash, discarded cigarette butts, salvia amongst other items that could be used to collect a profile on the individual. No warrant is needed in the collection of these discarded items. Collecting discarded DNA has caused a significant issue in law enforcement for what is considered an illegal collection of DNA. The central issue is whether or not discarded DNA can be used in a court law. Many officials feel that any garments or objects that are purposely left abandoned are considered public profile. Therefore, no consent is needed and clearly is not a violation of person privacy.        

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