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St. Thomas Law Review

Carlos Jordi

First Page

346

Document Type

Comment

Abstract

This comment will examine the effects of a criminal justice system where DNA is collected from everyone who is arrested, regardless of the seriousness of the charge. Part L.A will begin with an analysis of King to provide an understanding of how the Supreme Court decision may permit states to collect DNA from all arrestees. DNA is used in the criminal justice system because of its ability to effectively identify people. Part I.B discusses DNA science and provides a cursory understanding of how information is gathered from an individual's genetic code. Part I.C displays how law enforcement uses DNA for criminal investigation. Part I.D proves the current use of DNA database searches gives law enforcement pervasive power. If DNA is collected from every arrestee, knowledge of its use, certainty, and effectiveness would become widely recognized. If crime is a rational choice, this knowledge could potentially become a factor in the decision to commit crime. Part II examines whether the certainty and effectiveness of DNA forensics could deter crime. However, social forces may affect an individual's capacity to weigh the positive and negative consequences of committing a crime. Like Maverick, potential criminals may engage in behavior despite the monumental risks of suffering negative consequences. Unlike Maverick, criminals are far more likely to suffer these negative consequences because DNA forensics is a very effective tool. Part III analyzes how the collection of DNA from all arrestees may not deter crime and may thus provide only a small benefit when compared to the substantial costs that will be incurred by expansive collection.

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