Criminal Law Paper
Criminal Law Paper
Gaby Rielle
CJA/354 Criminal Law
August 12, 2014
Mendi Leigh
Criminal Law Paper
Maryland v. King, 569 U.S., on June 3, 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner cheek was no different than taking a photo or being finger printed during the booking process. This case came to be after an individual was arrested and booked for assault and during the booking process the individual had the inner cheek swabbed as part of the booking process as part of Maryland DNA Collection Act (Maryland Act). After this individual DNA was processed per the Maryland Act, the DNA matched that of an unsolved rape from years earlier. Because of the match DNA, this individual argued that his fourth amendment right was violated.
What interested me about this case was the taking of the DNA during the booking process. I have always thought that giving a DNA sample was something that was voluntarily given, rather than being forced. Or if there was a court order to obtain one’s DNA. I know that many states across the country have been creating laws regarding the collection of DNA from individuals who are involved in the criminal justice system. Some states collect DNA during the booking process, while other states only collect when you are a repeat offender. However, I understand that deterring crime and criminals is the main goal behind these laws and agree that taking this step will cause for individual criminals to think twice before they live a lifestyle of crime. I believe these laws allow for some sort of closure for victims of crimes and feel that justice was done in regards to the Maryland v. King Supreme Court ruling.
Criminal liability is something that is needed to prove that the individual being accused is guilty of a crime. Therefore, to ensure that a person is criminally liable the
Gaby Rielle
CJA/354 Criminal Law
August 12, 2014
Mendi Leigh
Criminal Law Paper
Maryland v. King, 569 U.S., on June 3, 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner cheek was no different than taking a photo or being finger printed during the booking process. This case came to be after an individual was arrested and booked for assault and during the booking process the individual had the inner cheek swabbed as part of the booking process as part of Maryland DNA Collection Act (Maryland Act). After this individual DNA was processed per the Maryland Act, the DNA matched that of an unsolved rape from years earlier. Because of the match DNA, this individual argued that his fourth amendment right was violated.
What interested me about this case was the taking of the DNA during the booking process. I have always thought that giving a DNA sample was something that was voluntarily given, rather than being forced. Or if there was a court order to obtain one’s DNA. I know that many states across the country have been creating laws regarding the collection of DNA from individuals who are involved in the criminal justice system. Some states collect DNA during the booking process, while other states only collect when you are a repeat offender. However, I understand that deterring crime and criminals is the main goal behind these laws and agree that taking this step will cause for individual criminals to think twice before they live a lifestyle of crime. I believe these laws allow for some sort of closure for victims of crimes and feel that justice was done in regards to the Maryland v. King Supreme Court ruling.
Criminal liability is something that is needed to prove that the individual being accused is guilty of a crime. Therefore, to ensure that a person is criminally liable the
References: Supreme Court of the United States, Maryland v. King June 3, 2013 retrieved August 10, 2014 from http://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf Freeman, C.G. (2013). Supreme court cases of interest. Criminal Justice, 28(1), 46-49. Retrieved August 10, 2014 from http://search.proquest.com/docview/1353616933?accountid=458