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Conferences Ramsey discussion 2 Topic #2486
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DonBradley
Member since 9-10-02
12-15-06, 07:20 PM (EST)
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"CODIS ... Data Quality problems severe"
 
   LAST EDITED ON 12-15-06 AT 07:24 PM (EST)
 
Va. Reviews DNA Databank for Omissions
RICHMOND, Va. - Authorities are reviewing Virginia's DNA databank, the nation's first and most extensive, after an investigation found that many felons were omitted. ...

The databank contains an estimated 260,000 samples, but authorities say tens of thousands could be missing. ...

(Multiple state agencies) are conducting the review, which could take two months.

The databank is supposed to contain samples from anyone 14 or older convicted of a felony ... or punished as juveniles for felony-level crimes. Since 2003, the databank also has included anyone arrested for violent felonies.

The law is not clear on who is responsible for the samples being taken. The effort often falls to local jails and probation offices. ... as many as 50,000 could be missing statewide, based on a sampling of omissions in the Charlottesville area.

Copyright 2006 The Associated Press.

http://www.comcast.net/news/national/index.jsp?cat=DOMESTIC&fn=/2006/12/15/542781.html


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  Subject     Author     Message Date     ID  
  RE: CODIS ... Data Quality problems seve DonBradley 12-15-06 1
     RE: CODIS ... Data Quality problems seve mBm 12-15-06 2
         RE: CODIS ... Data Quality problems seve Evening2 12-15-06 3
             RE: CODIS ... Data Quality problems seve Margoo 12-16-06 4
                 RE: CODIS ... Data Quality problems seve Evening2 12-16-06 5
                     RE: CODIS ... Data Quality problems seve Margoo 12-16-06 6
                         RE: CODIS ... Data Quality problems seve Evening2 12-16-06 7
                             RE: CODIS ... Data Quality problems seve Margoo 12-17-06 8
                                 RE: CODIS ... Data Quality problems seve Evening2 12-17-06 9
                                     RE: CODIS ... Data Quality problems seve DonBradley 12-17-06 10
                                         RE: CODIS ... Data Quality problems seve Evening2 12-17-06 11
                                             RE: CODIS ... Data Quality problems seve mBm 12-17-06 12
                                             RE: CODIS ... Data Quality problems seve Evening2 12-17-06 13
  Elimination prints DonBradley 12-18-06 14
     RE: Elimination prints mBm 12-18-06 15
         RE: Elimination prints Evening2 12-18-06 16
             RE: Elimination prints mBm 12-18-06 17
                 RE: Elimination prints Evening2 12-18-06 18
                     RE: Benjamin Franklin Evening2 12-18-06 19
                         RE: Benjamin Franklin mBm 12-18-06 20
                             RE: Benjamin Franklin Margoo 12-19-06 21
                             RE: Benjamin Franklin DonBradley 12-19-06 22
                                 RE: Benjamin Franklin mBm 12-19-06 23
                                     RE: Benjamin Franklin one_eyed_Jack 12-21-06 24
                                         RE: Benjamin Franklin Evening2 12-22-06 25
                                             RE: Benjamin Franklin Evening2 12-22-06 26
                                         RE: Benjamin Franklin Margoo 12-22-06 27
                                             RE: Benjamin Franklin Evening2 12-22-06 28
                                             RE: Benjamin Franklin mBm 12-22-06 29
                                             RE: Benjamin Franklin Evening2 12-22-06 30
  Severed fingers DonBradley 12-22-06 31
     RE: Severed fingers mBm 12-22-06 32
         RE: Severed fingers Evening2 12-23-06 33
             RE: Severed fingers mBm 12-23-06 34

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DonBradley
Member since 9-10-02
12-15-06, 07:22 PM (EST)
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1. "RE: CODIS ... Data Quality problems seve"
In response to message #0
 
   While this AP item relates to Virginia, it clearly would be unlikely that other states would have an error-free data entry system.

I think the Virginia politicians are going to be burning the midnight oil for awhile as they manufacture a great deal of whitewash.


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mBm
Member since 8-21-06
12-15-06, 10:35 PM (EST)
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2. "RE: CODIS ... Data Quality problems seve"
In response to message #1
 
   >While this AP item relates to Virginia, it clearly would be
>unlikely that other states would have an error-free data
>entry system.

Well, if there can be as many as 50,000 in Virginia alone, just think: There can be well over 2,000,000 in all the states combined. Which means there's a very good chance our sick puppy is not in the system.

>I think the Virginia politicians are going to be burning the
>midnight oil for awhile as they manufacture a great deal of
>whitewash.

Instead of trying to whitewash the situation, they should be burning the midnight oil working on laws to prevent such things as this from happening in the future. It's that old word, "responsibility". Something that is totally lacking in today's society.


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Evening2
Member since 7-7-03
12-15-06, 10:44 PM (EST)
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3. "RE: CODIS ... Data Quality problems seve"
In response to message #2
 
   Here's the truth of the matter. Most people believe that ALL convicted felons have their DNA taken and the results stored. That is not true. The majority of states do not require that. It is ONLY (by law) taken for those who have been found g uilty of a sex crime and other crimes that involved force and fear. The majority of felonies committed and convicted DO NOT fall under those categories. Although when a felon is released from prison, they must register with the state, and, at that time there is an "attempt" to take their DNA, if the person (felon) has done their homework (and most, thank goodness, have) they know where or not the crime they have committed comes on the classification to have their DNA taken. If it does not, and they tell the clerk, THEN the clerk checks and finds out that indeed the felon is correct and their DNA is not taken. I think there is simply a lot of misinformation regarding what the laws actually are, and more than likely most of our Congressmen have indeed misinterpreted the laws and have passed that misinformation on to their constituents.


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Margoo
Member since 11-29-02
12-16-06, 03:10 PM (EST)
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4. "RE: CODIS ... Data Quality problems seve"
In response to message #3
 
   Conviction is a prerequisite, but the Justice For All Act (signed into law in 2004) states

Qualifying federal offenses now include any felony, crimes of sexual abuse as set out in 18 U.S.C. § 4221 et seq., any crime of violence, as defined in 18 U.S.C. § 16, as well as any attempt or conspiracy to commit any of these offenses. Qualifying military offenses formerly limited to felony or sex offenses, now include any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.


Prior to the signing of this Act, 31 states included ALL convicted felons in their eligibility requirements.


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Evening2
Member since 7-7-03
12-16-06, 03:12 PM (EST)
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5. "RE: CODIS ... Data Quality problems seve"
In response to message #4
 
   LAST EDITED ON 12-16-06 AT 03:13 PM (EST)
 
Margoo, are you saying that all convicted felons have their DNA taken, or are supposed to? Or are you agreeing with my post?


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Margoo
Member since 11-29-02
12-16-06, 07:49 PM (EST)
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6. "RE: CODIS ... Data Quality problems seve"
In response to message #5
 
   LAST EDITED ON 12-16-06 AT 07:50 PM (EST)
 
>Margoo, are you saying that all convicted felons have their
>DNA taken, or are supposed to? Or are you agreeing with my
>post?


I'm really not "saying" anything. I was quoting the Act signed into law in 2004. I don't really know for sure what you were saying. The two posts do seem contradictory, though. You posted: The majority of states do not require that. It is ONLY (by law) taken for those who have been found g uilty of a sex crime and other crimes that involved force and fear. The majority of felonies committed and convicted DO NOT fall under those categories.

It looks to me like the Act includes "all convicted felons", while your post stated "only those who have been found guilty of a sex crime and other crimes that involved force and fear".

Bush's signing of the Act is fairly recent (only 2 years ago), so maybe what you posted has changed. I don't know. I'm not in the "felon" biz.

But, prior to the signing of the Act, 31 states included all convicted felons. It sounds to me like the Act made it all 50 states.


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Evening2
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12-16-06, 08:13 PM (EST)
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7. "RE: CODIS ... Data Quality problems seve"
In response to message #6
 
   All I know is that as recently as November 2006 and December 2006, felons who were released from prison and whose conviction was not for a sex crime or other violent crime, they are NOT required to give DNA. I don't know how it was prior to that law being passed in 2004, but that's how it is now. Also of interest, unless DNA is a part of the trial and conviction (whereby the defendant's DNA would have been previously taken), their DNA is not taken until AFTER they are released from prison. It is taken when they register as a convicted felon with their state shortly after their release from prison.


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Margoo
Member since 11-29-02
12-17-06, 04:54 AM (EST)
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8. "RE: CODIS ... Data Quality problems seve"
In response to message #7
 
   Well, all indications are that they are required to collect the DNA of convicted felons in custody.

Some of the laws enacted required the collection retroactively of felons who were confined at the time. I believe it is part of the processing procedures at the prisons.

Some states, as the laws changed, were required to collect DNA from felons on probation or parole - a requirement before discharge from supervision would be granted.

The following is an example (Florida) of the wording

Florida, SB 1648b (2003)
20 (3) Upon a conviction of any person for any offense
21 under paragraph (1)(a) which results in the commitment of the
22 offender to a county jail, correctional facility, or juvenile
23 facility, the entity responsible for the facility shall assure
24 that the blood specimens or other biological specimens
25 required by this section and approved by the Department of Law
26 Enforcement are promptly secured and transmitted to the
27 Department of Law Enforcement. Personnel at the jail,
28 correctional facility, or juvenile facility shall collect the
29 specimens as part of the regular processing of offenders
30 committed to the jail or facility


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Evening2
Member since 7-7-03
12-17-06, 12:37 PM (EST)
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9. "RE: CODIS ... Data Quality problems seve"
In response to message #8
 
   LAST EDITED ON 12-17-06 AT 12:40 PM (EST)
 
Margoo, believe me, that is not being done in Florida, specifically. My guess is there is more to that law than meets the public eye. I personally know two individuals who were recently released (one in November 2006 and one in December 2006) from FSP (Florida State Prisons) for non-violent crimes who are not on parole or probation (so no retroactive blood draws can be made) who were "asked" for a blood draw but when they told the person (clerk or whatever) of a portion of the law that prevented the state from taking their samples (the released inmates KNEW the law), they were told, "oh, you're right" and no draws were taken. End of THAT story.

Margoo, in your post above, here's the portion that is missing:

(3) Upon a conviction of any person for any offense
under paragraph (1)(a)

What are the offenses under paragraph (1) (a)? There is a list of offenses that qualify for DNA blood draws. Not all felonies do. That is my point.


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DonBradley
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12-17-06, 02:10 PM (EST)
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10. "RE: CODIS ... Data Quality problems seve"
In response to message #9
 
   Well it seems to be a hodge podge of state laws and also a hodge podge of the manner in which they are actually implemented.


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Evening2
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12-17-06, 03:04 PM (EST)
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11. "RE: CODIS ... Data Quality problems seve"
In response to message #10
 
   Just thought I should make my position known. If the crime does not involve force and fear or is not of a sexual nature, and if there is NO DNA involved the case, I do NOT believe those who are incarcerated for other offenses should be subject to having their blood drawn and their DNA kept on file. Remember, most of those who have served time or ARE serving time in prison for felonies, are there are drug related offenses.


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mBm
Member since 8-21-06
12-17-06, 03:40 PM (EST)
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12. "RE: CODIS ... Data Quality problems seve"
In response to message #11
 
   Sorry, Eve, but I cannot agree with you here. I don't see where it would hurt anyone who is being released from prison after a felony conviction to have their DNA taken and kept on file. Their record is kept on file. That would be just like destroying their record because their time was served. It might be that the DNA is never matched to anyone else. In fact, more than likely it won't be. But that's part of the price nowadays.

What about all the people in the Ramsey case (as well as many other cases) who were subject to DNA testing just because they "knew" the victim or were present at a party at the victim's home? They might have thought it was unnecessary and they might have objected, knowing they were innocent. But it was something they had to do.

I imagine that some day each and every one of us will have to have our DNA on record. And I think that would be good. I wouldn't object to it.


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Evening2
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12-17-06, 07:32 PM (EST)
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13. "RE: CODIS ... Data Quality problems seve"
In response to message #12
 
   LAST EDITED ON 12-17-06 AT 07:34 PM (EST)
 
People who are tested, as in the Ramsey case, because they are suspects or persons of interest in a crime, have their DNA taken for a "limited" purpose. It can not be used for any other purpose and is not entered into a data retrieval system. Huge difference!

Edited to add: I believe the only DNA that was taken in the Ramsey case with a court order was John Karr's. The rest were voluntary for non-testimonial purposes.


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DonBradley
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12-18-06, 08:55 AM (EST)
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14. "Elimination prints"
In response to message #0
 
   Just as elimination prints had a way of working their way into the files, so too will 'elimination dna'. Particularly when everything is stored in a computer, its sometimes hard to retrieve only that which should be retrieved for a particular purpose.


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mBm
Member since 8-21-06
12-18-06, 07:52 PM (EST)
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15. "RE: Elimination prints"
In response to message #14
 
   LAST EDITED ON 12-18-06 AT 07:53 PM (EST)
 
>People who are tested, as in the Ramsey case, because they are suspects or persons of interest in a crime, have their DNA taken for a "limited" purpose. It can not be used for any other purpose and is not entered into a data retrieval system. Huge difference!<

This to me is without merit. Are these results not entered in a data retrieval system by law, or is it through the choice of the agency doing the tests?

I think the more test results entered into CODIS, the more complete any results from CODIS checking will be. If all DNA test results are not entered, then the entire purpose of CODIS will have been defeated.

That is why eventually everybody in the country will be required to have his/her DNA tested and entered into CODIS.


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Evening2
Member since 7-7-03
12-18-06, 08:17 PM (EST)
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16. "RE: Elimination prints"
In response to message #15
 
   By law, mbm.


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mBm
Member since 8-21-06
12-18-06, 08:43 PM (EST)
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17. "RE: Elimination prints"
In response to message #16
 
   LAST EDITED ON 12-18-06 AT 08:45 PM (EST)
 
>By law, mbm.

Do the laws vary, state by state?

Edited to add: Perhaps federal laws should be adopted. That way, at least they would be uniform.


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Evening2
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12-18-06, 08:50 PM (EST)
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18. "RE: Elimination prints"
In response to message #17
 
   Mbm, I would imagine all states are the same. Think of it this way. You go to the doctor and he orders lab work for the purposes of maintaining you in good health. Would you want your blood draw that was taken for a specific purpose to then be entered into CODIS even though you were not a suspect or person of interest in a crime?


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Evening2
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12-18-06, 09:02 PM (EST)
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19. "RE: Benjamin Franklin"
In response to message #18
 
   "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." ~ Benjamin Franklin

"The man who trades freedom for security does not deserve nor will he ever receive either." ~ Benjamin Franklin


I too feel as strongly about the subject so will refrain from further comment.


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