Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Showing posts with label DNA. Show all posts
Showing posts with label DNA. Show all posts

Wednesday, November 26, 2014

The FBI Is Very Excited About This Machine That Can Scan Your DNA in 90 Minutes

Robert Schueren shook my hand firmly, handed me his business card, and flipped it over, revealing a short list of letters and numbers. "Here is my DNA profile." He smiled. "I have nothing to hide." I had come to meet Schueren, the CEO of IntegenX, at his company's headquarters in Pleasanton, California, to see its signature product: a machine the size of a large desktop printer that can unravel your genetic code in the time it takes to watch a movie.

Schueren grabbed a cotton swab and dropped it into a plastic cartridge. That's what, say, a police officer would use to wipe the inside of your cheek to collect a DNA sample after an arrest, he explained. Other bits of material with traces of DNA on them, like cigarette butts or fabric, could work too. He inserted the cartridge into the machine and pressed a green button on its touch screen: "It's that simple." Ninety minutes later, the RapidHIT 200 would generate a DNA profile, check it against a database, and report on whether it found a match.

Tuesday, December 10, 2013

Presumed guilty: DNA and the police

Justice Minister Peter MacKay has said his government is examining legislation that would authorize seizing DNA samples from people who have been accused — but not found guilty — of criminal offences.

The idea is, of course, getting support from the police. RCMP Commissioner Bob Paulson said that allowing police to take DNA from people on arrest would help solve more crimes.

Monday, October 07, 2013

Chief Rick Hanson's Call For DNA Sample Collection At Arrests Gains Traction In Ottawa

Calgary's top cop's call for the collection of DNA before a conviction is gaining traction in Ottawa, but is being blasted by people in the streets and law professionals alike.

Chief Rick Hanson on Wednesday called for changes to federal legislation that would allow law enforcement agencies to extract a DNA sample at the time of arrest. The move, said Hanson, would help police solve some crimes faster and bring resolution to others.

Currently, DNA samples are only gathered for certain crimes and only after conviction.

Tuesday, October 01, 2013

Freed by DNA, Angola Prisoner Henry James on His 30 Years Behind Bars for Crime He Didn’t Commit

We broadcast from New Orleans, Louisiana, the heart of the world’s prison capital, where more people are behind bars any other state per capita — an incarceration rate 13 times that of China. Louisiana also ranks among the highest in the country in terms of the number of people per capita who are exonerated after serving years in prison for crimes they did not commit. We are joined by Henry James, the longest-serving prisoner to be exonerated in Louisiana. James spent 30 years in the notorious Louisiana State Penitentiary, known as Angola prison, on a life sentence without parole for rape. At trial, the prosecution never told the jury that serology testing from the rape kit excluded James as the perpetrator. In 2011, DNA evidence found by accident proved James’ innocence, winning him his release. We also speak with Emily Maw, director of Innocence Project New Orleans, which helped win his exoneration. "Henry James’ case is unfortunately atypical. Everybody in Louisiana who is convicted of murder or rape gets sentenced to life without parole. There is no other sentence for those two crimes. What is atypical about Henry’s case is that they found the evidence," Maw says. "In Louisiana, as in many places, evidence storage and preservation practices are atrocious. People lose evidence all the time in cases where DNA testing could prove their innocence."

Video
Source: democracynow.org
Author: --

Thursday, June 13, 2013

Supreme Court DNA Ruling: Court Says Human Genes Cannot Be Patented

WASHINGTON -- The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.

The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.

Wednesday, June 05, 2013

Debate: Supreme Court OKs Unfettered DNA Collection — An Invasion of Privacy or a Blow to Crime?

In a landmark decision, the U.S. Supreme Court has ruled the police can collect DNA samples from people they arrest even before they are convicted of a crime. Supporters of the swabbing method call it "the fingerprinting of the 21st century" that will help nab criminals and break open unsolved cases. But privacy advocates say the ruling is vague because it does not define what constitutes a "serious crime," and could create an incentive for police to make more arrests. The Supreme Court’s 5-to-4 ruling will likely fuel an expansion of DNA swabbing nationwide. We host a debate between Michael Risher of the American Civil Liberties Union and Mai Fernandez of the National Center for Victims of Crime.

Original Article
Source:  democracynow.org
Author: -

Tuesday, June 04, 2013

Supreme Court: DNA Samples Can Be Taken From Arrestees Without Warrant

WASHINGTON -- A sharply divided Supreme Court on Monday cleared the way for police to take a DNA swab from anyone they arrest for a serious crime, endorsing a practice now followed by more than half the states as well as the federal government.

The justices differed strikingly on how big a step that was.

"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority. The ruling backed a Maryland law allowing DNA swabbing of people arrested for serious crimes.

Wednesday, April 03, 2013

The Dark Side of DNA Evidence

On February 26, the Supreme Court heard oral arguments in Maryland v. King, which presents the question of whether the Fourth Amendment permits the warrantless collection of DNA from people arrested for, but not convicted of, a crime. Currently, twenty-eight states and federal law enforcement collect DNA upon arrest—when a person is still presumed innocent. During oral arguments, Justice Samuel Alito called it “perhaps the most important criminal procedure case that this Court has heard in decades.”

Thursday, August 11, 2011

When Is It OK to Take People's DNA Without Their Consent?

If you're walking down the street and a police officer wants to swab your cheek for a DNA sample, you can refuse. But if you're convicted of a felony, you can't. At what point in the criminal process do you lose that right?

In California, until last week, the answer was the moment you were arrested for a felony. But a California state court has struck down the state statute that allowed such DNA collection, saying the measure "unreasonably intrudes on such arrestees' expectation of privacy and is invalid under the Fourth Amendment of the United States Constitution."

The decision comes at a crucial time in the legal battle over DNA evidence: Last summer, a three-judge panel on the federal Ninth Circuit heard arguments about California's law and has yet to issue its opinion. This fall, the circuit will sit en banc -- that means all of the judges not just three of them -- to decide whether a very similar federal law is constitutional. Another circuit court has already decided that it is. If the two circuits disagree (or even if they don't), the issue could come before the Supreme Court soon.