| California
Proposition 69
by Janie G.
Bob
Barr's piece on California's Prop 69 raises some pertinent issues.
As it is currently written, Prop 69 seems to give law enforcement
many powers and few, if any, reasonable civil and privacy rights
protections.
Specifically,
it seems that law enforcement has the power to force people to yield
their DNA and have it included in a database for real criminals.
Yet the requirement applies to: people who have nothing or very
little on their record, people who are simply arrested and are not
the perpetrators; people who are later found innocent, people who
have their charge reduced to misdemeanor, people who have a past
encounter or two as juveniles (who are long since law abiding citizens/have
grown up with a good record thereafter), people who have perhaps
a single infraction occurring and reduced to misdemeanor twenty,
thirty, or more years ago.
None
of these people seem to be able to challenge the taking of their
DNA; or at least it is made extremely difficult to have their DNA
removed from the database after the fact.
If
the proposition accomplishes these things, it represents an attack
on the basic civil and privacy rights of thousands, perhaps millions
of good California citizens. I understand that it may be sound to
apply certain fundamental aspects of proposition 69 to avert real
menace, but not without regard for just and fair limitations, and
law-abiding citizens' basic rights and dignity.
Despite
crime problems and terrorism, America remains the land of liberty
and justice for all. We should not allow criminals and terrorism
to coerce us into unsound, unwell-thought out actions that translate
into unjust basic civil and privacy rights violation. If we do,
we simply contribute to weakening America.
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