Russell A Leach
February 25,2008
Genetic Banks and Civil Rights
Baker A. (19 Jan 2008) Genetic Bank Raises Issues of Practicality and Privacy New York Times
In an article in the New York Times, Alan Baker, talks about the Mayor of New York’s, proposal to take DNA samples from all persons suspected of a committing a crime in the city. This Proposal brings up questions of DNA testing and DNA data, and how it effects civil rights. The purpose of this paper is to explore the issues of DNA testing and DNA data, as it pertains to civil rights.
Bosch(2003) outlines the United Nations(UN), stance on how Human genetic data should be handled. Bosch(2003) states the international Bioethics committee, demands, protection of human rights and fundamental freedoms in the collection, processing and use of human genetic data, and that this demand is an important safeguard for the protection of civil rights. Bosch(2003) also relates that the position of the United Nations, to insure the use of genetic data, be limited to prior consent, unless derived by due process of the law. Bosch(2003) also relates that the UN wants only genetic data from convicted criminals to be stored and data collected from innocent suspects be destroyed.
Wall(2005)tells the story of a 13 year old girl, who was arrested in Great Britain for throwing a snow ball at a police car. Wall(2005)describes how this girl’s genetic data is now and forevermore in the National Forensic Criminal Database. Wall(2005)discusses the British governments’ power to collect and use genetic data and how that power may be used to identify, restrict and discriminate against persons the government might deem undesirable. Wall(2005)also relates the concerns of a group called Genwatch, who worry that the same tactics of data collection were used by the fascists and communist in their reign of terror during the last century. The states right, to take DNA samples also raises the question of genetic privacy and the rights of individuals.
Kaye(2006)argues against professor Tracy Maclin’s statement that taking and analyzing a DNA sample without a warrant constitutes a search of a person and that search is unconstitutional in the United States and cannot be justifies under the fourth amendment#. Kaye(2006) goes on to discuss the close relationship between fingerprint data and genetic data and their use to not only convict but to exclude suspects. Kaye(2006) argues that biometric data is not randomly taken or randomly assigned, but used within the limits of the legal system.
Rothstein and Talbot(June 2006) point out the relatively new application of genetic data in the field of law enforcement, and how its application has spread very quickly without oversight or regulation.
Rothstein (June 2006) also relates the huge success genetic profiling has had in solving crimes, seemingly unsolvable twenty years ago. Rothstein(June 2006) also relates the story of British law enforcement, doing genetic dragnets, by testing every male person in a small town, to catch a rapist. By DNA testing all suspects that fit a certain description in a certain area, they have been very successful in capturing and convicting criminals. Rothstein ( 2006) goes on to relate the fact, that these tests are done on a volunteer basis and most people give their samples willingly.
In an editorial written for the New Scientist Journal, the editor discusses a lawsuit filed by the ACLU, to prevent the California legislature from passing a law that would have everyone arrested for a felony submit a DNA sample for testing and storage (Editorial 2005). The editor(Editorial 2005)discusses the similarity of the California law to the laws of England and Whales. The editor also relates the fact that like the United Kingdom system, the California database has no regulatory body or oversight and that the administration that oversees the system, answers to no one(Editorial 2005).
I have concluded that the field of genetic testing and genetic identification has become a valuable tool in the crime fighting arsenal. DNA tests are not only solving crimes but absolving wrongly charged individuals. The fact that Genetic data is a valuable tool does not dismiss the fact that there is a huge potential for abuse. Genetic test results can be used in several ways to discriminate and exclude people from all kinds of activities. Because of the potential for misuse, there is a great need for oversight and regulation to prevent abuse.
References
Baker A. (19 Jan 2008) Genetic Bank Raises Issues of Practicality and Privacy New York Times
Bosch X.(3 July 2003) UN Agency Sets Out Global Rules For Protecting Genetic Data The Lancet v.362 iss.9377 p.45
Editorial (9 April 2005) Your DNA In Their Hands New Scientist v.186 iss.2494 p.3-3
Kaye D.H. (June 2006) Who Needs Special Needs: On the constitutionality Of Collecting DNA And Other Biometric Data
The Journal of Law, Medicine & Ethics v.34 iss.2 p.188-198
Rothstein M. & Talbot M. (June 2006)The Expanding use of DNA testing in Law Enforcement: What Role Privacy The Journal of Law, Medicine & Ethics v.34 iss.2 p.153-164
Wall T. (25 April 2005) A simple Prank By A Thirteen Year Old New Statesman V.134 iss.4737 p.32-33
Monday, January 4, 2010
Prisoners rights
Russell A Leach
February 18, 2008
Prisoners Rights in the Criminal Justice system
Crary D. (12 Feb 2008) Law Curbing Inmates Lawsuits Questioned Associated Press
In an article written for the Associated Press, David Crary discusses the impact a federal law curtailing incarcerated men and womens’rights to file lawsuits against the penal system has had on the prisoners welfare.
My purpose in this review is to examine the status of prisoner’s rights in the United States and abroad.
Smith (2007) discusses the Supreme Courts decisions limiting prisoners in the United States from filing frivolous lawsuits. Smith (2007) also relates the huge growth of the amount of people incarcerated in the US prison system causing a logjam in the judicial system. Smith (2007) then talks about the US systems well balanced approach to provide prisoners with fair and equitable treatment and redress during the William Rehnquist Supreme Court era.
In stark contrast Viljoen (2005) tells of the atrocious human rights violations and prisoner abuses in the prisons of the eleven African Union Nations visited by the Author. Viljoen (2005) discusses the African Unions’ efforts to address human rights issues and prison conditions in Africa. Kozlova (2008) talks about the Uzbekistan governments’ efforts to abolish torture and abuses in the jails and prisons of their country. The author discusses past abuses and relates torture and murder of prisoners at the hands of the guards and jailors in the Uzbek system (Kozlova 2007).
Kozlova (2007) also recounts the Uzbekistan Governments’ commitment to ensuring human and civil rights to prisoners in all of the municipal and federal penal institutions.
Zinger (2006) talks about the new approach in the Canadian criminal justice system to incarceration being more Spartan and more austere in its application of criminal punishment. Zinger (2006) cites the war on terror giving legitimacy to a more law and order approach to prison systems, which in turn can jeopardize civil rights of the prisoners. Zinger (2006) also communicates the need for more external oversight, to ensure human and civil rights for persons behind bars. Zinger (2006) conveys that the status of prisoners’ civil and human rights in Canada, The United States and most of Europe is by far more reasonable, than in most of Central and South America. He States that South American prisons are for the most part decaying buildings with poor sanitation and deplorable living conditions (Zinger 2006). Zinger (2006) also relates that the socioeconomic status of a country is not always reflected in its treatment of prisoners.
In 2000 Livingstone wrote about the European prisoners using the European Convention to address grievances and civil rights violations. Livingstone (2000) also related the need for a judicial review of prisoner’s grievances and judicial oversight of the prisons, instead of the prisoners having to appeal to international political bodies for redress. Livingstone (2000) also discusses the need for a European Union(EU) standard for prisoner’s rights within the jurisdiction and that an EU commission should be set up to address prisoner’s grievances. Robertson (2007) Talks about oversight in the American prison system as being “underdeveloped and uneven” (p.181). Robertson (2007) relates that violence and inmate on inmate crime is the real measure of our success or failure in the US penal system and that the system is failing. Robertson (2007) also cites the 93% reduction of homicides within U.S. Prisons since 1996 as not reflecting an improvement of conditions. Robertson (2007) Relates the drop in prison homicides coincided with a rise of more stringent controls of prisoner’s movements and freedoms. Robertson (2007) believes that the rights of prisoners to redress grievances have been vastly reduced by the 1996 prison litigation reform act. Robertson (2007) proposes that this is evident in that prisoner filed lawsuits that have made it to the appellate level have been reduced by 30%.
I believe that the literature reflects an atmosphere of disdain for the prison systems world wide. The literature in most of the Journals and Academic publications tend to be very critical of the prisons and not the prisoners. My opinion is that prisons are not meant to be pleasant places and that prisoners are not meant to dictate policy. That being said, I believe the strides that are being made in the prison systems are going to improve the life of the prisoners and help society reform and rehabilitate some of the criminal element in its care.
Crary D. (12 Feb 2008) Law curbing inmates lawsuits questioned Associated Press htp://news.findlaw.com/ap/other/1110//02-13-2008/20080213130500_06.html
Kozlova M. (January 7, 2008) The end of torture Transitions Online
Livingstone S. (2000) Prisoners rights in the context of European Convention on human rights Punishment & Society
V.2 Iss.3 p.309
Robertson J.E. (2007) Correctional case law 2006 Criminal Justice Review v.32 iss.2 p.181-202
Smith C.E. (Dec.2007) Prisoners rights and the Rehnquist Court era The Prison journal V.87 #4 p.457-476
Viljoen F. (2005) The Special rapporteur on prisons and conditions of detention in Africa Human Rights Quarterly
Zinger I. (April 2006) Human rights compliance and the role of external prison oversight Canadian Journal of Criminology and Criminal Justice
February 18, 2008
Prisoners Rights in the Criminal Justice system
Crary D. (12 Feb 2008) Law Curbing Inmates Lawsuits Questioned Associated Press
In an article written for the Associated Press, David Crary discusses the impact a federal law curtailing incarcerated men and womens’rights to file lawsuits against the penal system has had on the prisoners welfare.
My purpose in this review is to examine the status of prisoner’s rights in the United States and abroad.
Smith (2007) discusses the Supreme Courts decisions limiting prisoners in the United States from filing frivolous lawsuits. Smith (2007) also relates the huge growth of the amount of people incarcerated in the US prison system causing a logjam in the judicial system. Smith (2007) then talks about the US systems well balanced approach to provide prisoners with fair and equitable treatment and redress during the William Rehnquist Supreme Court era.
In stark contrast Viljoen (2005) tells of the atrocious human rights violations and prisoner abuses in the prisons of the eleven African Union Nations visited by the Author. Viljoen (2005) discusses the African Unions’ efforts to address human rights issues and prison conditions in Africa. Kozlova (2008) talks about the Uzbekistan governments’ efforts to abolish torture and abuses in the jails and prisons of their country. The author discusses past abuses and relates torture and murder of prisoners at the hands of the guards and jailors in the Uzbek system (Kozlova 2007).
Kozlova (2007) also recounts the Uzbekistan Governments’ commitment to ensuring human and civil rights to prisoners in all of the municipal and federal penal institutions.
Zinger (2006) talks about the new approach in the Canadian criminal justice system to incarceration being more Spartan and more austere in its application of criminal punishment. Zinger (2006) cites the war on terror giving legitimacy to a more law and order approach to prison systems, which in turn can jeopardize civil rights of the prisoners. Zinger (2006) also communicates the need for more external oversight, to ensure human and civil rights for persons behind bars. Zinger (2006) conveys that the status of prisoners’ civil and human rights in Canada, The United States and most of Europe is by far more reasonable, than in most of Central and South America. He States that South American prisons are for the most part decaying buildings with poor sanitation and deplorable living conditions (Zinger 2006). Zinger (2006) also relates that the socioeconomic status of a country is not always reflected in its treatment of prisoners.
In 2000 Livingstone wrote about the European prisoners using the European Convention to address grievances and civil rights violations. Livingstone (2000) also related the need for a judicial review of prisoner’s grievances and judicial oversight of the prisons, instead of the prisoners having to appeal to international political bodies for redress. Livingstone (2000) also discusses the need for a European Union(EU) standard for prisoner’s rights within the jurisdiction and that an EU commission should be set up to address prisoner’s grievances. Robertson (2007) Talks about oversight in the American prison system as being “underdeveloped and uneven” (p.181). Robertson (2007) relates that violence and inmate on inmate crime is the real measure of our success or failure in the US penal system and that the system is failing. Robertson (2007) also cites the 93% reduction of homicides within U.S. Prisons since 1996 as not reflecting an improvement of conditions. Robertson (2007) Relates the drop in prison homicides coincided with a rise of more stringent controls of prisoner’s movements and freedoms. Robertson (2007) believes that the rights of prisoners to redress grievances have been vastly reduced by the 1996 prison litigation reform act. Robertson (2007) proposes that this is evident in that prisoner filed lawsuits that have made it to the appellate level have been reduced by 30%.
I believe that the literature reflects an atmosphere of disdain for the prison systems world wide. The literature in most of the Journals and Academic publications tend to be very critical of the prisons and not the prisoners. My opinion is that prisons are not meant to be pleasant places and that prisoners are not meant to dictate policy. That being said, I believe the strides that are being made in the prison systems are going to improve the life of the prisoners and help society reform and rehabilitate some of the criminal element in its care.
Crary D. (12 Feb 2008) Law curbing inmates lawsuits questioned Associated Press htp://news.findlaw.com/ap/other/1110//02-13-2008/20080213130500_06.html
Kozlova M. (January 7, 2008) The end of torture Transitions Online
Livingstone S. (2000) Prisoners rights in the context of European Convention on human rights Punishment & Society
V.2 Iss.3 p.309
Robertson J.E. (2007) Correctional case law 2006 Criminal Justice Review v.32 iss.2 p.181-202
Smith C.E. (Dec.2007) Prisoners rights and the Rehnquist Court era The Prison journal V.87 #4 p.457-476
Viljoen F. (2005) The Special rapporteur on prisons and conditions of detention in Africa Human Rights Quarterly
Zinger I. (April 2006) Human rights compliance and the role of external prison oversight Canadian Journal of Criminology and Criminal Justice
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