Revelations that the San Francisco police crime lab used a sexual assault victim’s DNA against her in an unrelated property crime case — and the allegation that it may be a common practice in California — has prompted a national outcry.
, crime labs can store and analyze DNA in local databases that are separate from the highly regulated state and federal repositories. Proponents across the country have said the local databases help law enforcement solve cases faster by avoiding the backlogs that plague state and federal databanks.
The local databases are much smaller, though some agencies collect samples from people who are never arrested or convicted of crimes. They are not subject to the same strict controls as federal and state collections, which typically require a conviction, arrest or warrant before a sample is uploaded.
"Do we really need to have that written down in a law? Apparently we do," said Sara Katsanis, a research assistant professor at the Northwestern Feinberg School of Medicine and the Genetics and Justice Laboratory’s principal investigator at Ann & Robert H. Lurie Children’s Hospital of Chicago. Jorge Camacho, the policy director at Yale Law School’s Justice Collaboratory, said that may not be so simple. This particular case may seem clear-cut against the use of the victim’s DNA, but future instances, like with a violent crime, might not be.
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