Post on 01-Apr-2015
The DNA Fingerprint, Unsolved Crime The DNA Fingerprint, Unsolved Crime & Innocence Protection Act& Innocence Protection Act
Presentation Courtesy of STEVE COOLEYDistrict Attorney of Los Angeles County
“[The] use of DNA evidence can revolutionize the way crime is fought.
Not since fingerprints has law enforcement had such a powerful ally.”
(Los Angeles Times, 01/27/02)
DNADNA is the Fingerprint of the is the Fingerprint of the 21st Century21st Century
For almost a 100 years, people arrested for criminal offenses have provided
fingerprints, palm prints and mug shots during the typical police station booking
process.
These traditional identification tools have assisted law enforcement in solving crime
by identifying criminals.
With the emergence of DNA data banks, law enforcement can now use DNA not just to assist in establishing
guilt of a known suspect, but in solving crimes and ultimately ultimately
preventing serious crimepreventing serious crime..
DNA Data Banks:DNA Data Banks:21st Century Crime Fighting21st Century Crime Fighting
The DNA Fingerprint Initiative The DNA Fingerprint Initiative
Data Bank Expansion
The DNA Fingerprint Initiative
The Initiative’s Funding Measure
ISSUE #1ISSUE #1
DATA BANK EXPANSION DATA BANK EXPANSION
The Recent Trend To All FelonsThe Recent Trend To All Felons1998 - 5 States 1999 - 6 States 2000 - 7 States
2006 - 45 States (est.) -- assuming data and funding
2001 - 13 States 2002 - 22 States 2003 – 31 States
www.dnaresource.com
2003 Legislative Session:2003 Legislative Session:DNA Database Expansion BillsDNA Database Expansion Bills
Introduced but failed to pass limited expansion legislation (1)
Currently an all-felons state (22)Enacted all felons legislation in 2003 (9)
Failed to pass all felons legislation (8)
* *
*
Addressed sunset provisions in database statute* www.dnaresource.com
2004 Legislative Session:2004 Legislative Session:DNA Database Expansion BillsDNA Database Expansion Bills
Considering limited expansion legislation (3)
Currently an all-felons state (32)Considering all felons legislation in 2004 (11)
Through a voters’ initiative*
*
www.dnaresource.com
Emerging Database TrendsEmerging Database TrendsArrestee Testing Proposals
Arizona (2002, 2003) – All arrestsCalifornia (2004) – Felony arrestsColorado (2003) – Felony arrestsConnecticut (2000) – Fingerprintable arrestsIllinois (2004) – Felony arrestsLouisiana (2003) – Felony arrests and some misdemeanors
Maryland (2004) – Felony chargesNew York (2001-2004) Fingerprintable arrestsOklahoma (2004) – Felony arrestsTexas (2001) – Certain felony arrests and indictmentsVirginia (2002) – Violent felony arrestsWashington (2004) – Arrests for criminal charges
Enacted Arrestee DNA TestingEnacted Arrestee DNA Testing
All felony arrests
No expungement requirement
No sample destruction requirement
Certain felony indictments, or upon arrest if previous conviction for a qualifying offense
Expungement required
Sample destruction required
Violent felony arrests after determination that probable cause exists for the arrest
Expungement required
Sample destruction requiredwww.dnaresource.com
Emerging Database TrendsEmerging Database Trends Misdemeanor Convictions
Misdemeanor pleas if originally charged with a qualifying felony offense
Repeat violent offenders; Multiple misdemeanor convictions
Lewd and lascivious conduct; Indecent exposure; Public indecency
Elder abuse
Stalking
Animal Cruelty
Prostitution & Soliciting prostitutes
Peeping
Some states require DNA from specific misdemeanorsAlabama, Arkansas, Arizona, Kansas, Iowa, Louisiana,
Maine, Maryland, Michigan, Minnesota, New Jersey, Ohio, Oregon, Washington
www.dnaresource.com
Why Is DNA Database Expansion Why Is DNA Database Expansion So Important?So Important?
It’s all about the “Hit Rate”
40%
40%
60%60%50%
50%
30%30%
Cold Hit Cold Hit defineddefined::“A hit occurs when DNA analysis of a
crime scene sample with no suspect matches a profile in a database of
previously convicted offenders, a database of samples from those individuals arrested for specified crimes, or a database of other
crime scene profiles.” (www.dcjs.org/forensic/information/dna.cfm)
Virginia’s DNA ProgramVirginia’s DNA Program• Virginia has one of the most mature all felon
data banks.
• Virginia’s Division of Forensic Science has had
over 1700 cold hits.
– 308308 cold hits in 2001.
– 445 cold hits in 2002.
– 608 cold hits in 2003.
Findings from Virginia:Findings from Virginia:Approximately 81%81% of “hits”
would have been missed if data bank were limited to only
violent offenders.
Findings from Virginia:Findings from Virginia:The next few slides demonstrate the kinds
of crimes committed by drug offenders and forgers. These crimes were solved by cold hits with the Virginia all felon data bank. Drug offenses and forgery are categorized
as non-violent offenses.
Virginia’s “Cold Hits” on the DNA DatabaseAll Drug Offenders to Type of Crime Solved
Sex Offenses20% (35)
Miscellaneous12% (20)
Abduction/Car Jacking
8% (13)
Robbery10% (18)
Homicide24% (42)
Assaults2% (3)
Burglary24% (41)
www.dnaresource.com
Virginia’s “Cold Hits” on the DNA DatabaseDrug Possession Only to Type of Crime Solved
Assault3% (3)
Homicide23% (32)
Rape/Murder1% (1)
Sex Offenses18% (25)
Drug Crimes5% (7)
Miscellaneous2% (3)
Property Crimes48% (68)
www.dnaresource.com
Virginia’s “Cold Hits” on the DNA DatabaseForgery to Type of Crime Solved
Abduction / Car Jacking
2% (1)
Burglary49% (22)
Assault2% (1)
Rape/Murder2% (1)
Homicide17% (8)
Sex Offenses26% (12)
Miscellaneous2% (1)Robbery
2% (1)
www.dnaresource.com
Findings from Virginia:Findings from Virginia:Approximately 35%35% of violent
crimes solved were perpetrated by individuals
with previous property crime convictions.
Virginia’s “Cold Hits” on the DNA DatabasePrevious Criminal Conviction of Offenders Identified
Burglary/B&E/Robbery/GL46% (717)
Wound/Assault6% (99)
Homicide/Abd/Kidnapping
3% (48)
Forgery4% (62)
Drugs17% (260)
Miscellaneous18% (273)
Sex Offenses5% (84)
California’s DNA ProgramCalifornia’s DNA Program • California has one of the
oldest DNA data bank laws.
• California collects DNA samples from violent offenders only.
• CA Department of Justice DNA Lab reports over 700 cold hits.
Other COLD HIT ProgramsOther COLD HIT ProgramsRaising the BarRaising the Bar
United Kingdom’s Forensic Science
Service reports over 1000 matches over 1000 matches
per weekper week between offender database
samples and crime scene samples.
ISSUE #2ISSUE #2
THE DNA FINGERPRINT THE DNA FINGERPRINT INITIATIVEINITIATIVE
The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s
DNA Data Bank to Include -DNA Data Bank to Include -
All Adult Felony Offenders: All persons convicted of any felony
offense are required to provide samples for the DNA data bank.
The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s
DNA Data Bank to Include -DNA Data Bank to Include -
All Juvenile Felony Offenders:
Juveniles who are made a ward of the Court and found to have committed a felony offense are required to provide
samples for the DNA data bank.
The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s
DNA Data Bank to Include -DNA Data Bank to Include -
All Adult & Juvenile Misdemeanor P.C. 290 Registrant Offenders:
All persons convicted of a P.C. 290 misdemeanor sex offense requiring
registration as a sex offender are required to provide samples for the
DNA data bank.
The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s
DNA Data Bank to Include -DNA Data Bank to Include -
All Adult Murder and Felony P.C. 290 (Sex Offenses)
Arrestees:
All adults arrested for murder or P.C. 290 felony sex offenses are required to
provide samples for the DNA data bank.
The DNA Fingerprint Act The DNA Fingerprint Act Expands California’s Expands California’s
DNA Data Bank to Include -DNA Data Bank to Include -
Starting the 5th year following enactment of the Initiative –
All Adult Felony Arrestees:A person whose sample has been collected
may seek expungement of his/her profile if not convicted or the case is dismissed
or the conviction is reversed.
Significant Changes to Current Significant Changes to Current Data Bank Statute Data Bank Statute
1. Buccal Swabs (mouth swabs) for DNA collection
Blood samples are eliminated!
2. Funding Provided
3. Mandatory Out-Sourcing for DNA testing of offender samples IF offender samples are not tested by DOJ/DNA lab within 6 months.
DNA FINGERPRINT INITIATIVEDNA FINGERPRINT INITIATIVEPolicy Measures
Data Bank Expansion – All Felons
Apply expanded database initiative retroactively
Allow inclusion of other DNA samples “legally obtained”
Expungement required - A person whose sample has been collected may seek expungement of his/her profile if not convicted or case dismissed or conviction reversed
ISSUE #3ISSUE #3
THE DNA INITIATIVE’S THE DNA INITIATIVE’S FUNDING MEASUREFUNDING MEASURE
Government Code Section Government Code Section 76104.6 is added.76104.6 is added.
One dollar for every ten dollars ($10.00) on every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses including all Vehicle Code violations
(except parking tickets).
At the Conclusion of the 3rd Year the DNA Fingerprint Act will provide sufficient revenue for 750,000 samples for costs incurred in collection, analysis and upload to CODIS.
California will have a database of approximately one million profiles by the end of 2007.
Starting the 4th Year the funding measure will provide significant revenue to local law enforcement for DNA testing in unsolved cases.
What Can Funds Be Used For?What Can Funds Be Used For?Costs of collecting offender samples.
New equipment and software integral to confirming that
a person qualifies for entry into the Database.
DNA testing in cases in which DNA evidence would be
useful in identifying or prosecuting suspects (i.e. broader
than “unsolved cases”). Includes costs incurred in:
The processing, analysis, tracking, and storage of DNA crime
scene samples.
Procurement of new equipment and software for the processing,
analysis, tracking and storage of DNA crime scene samples from
unsolved cases.
All-Felon Database
Crime Lab Funding
The DNA Fingerprint Initiative The DNA Fingerprint Initiative
Solving Crime
Protecting the wrongfully accused
Safeguarding society
Stopping serial killers & rapists
The DNA Fingerprint Initiative will allow law enforcement to utilize DNA to its fullest potential. It will revolutionize the way violent crime is fought and
dangerous criminals identified.
Law enforcement will not just solve crimes, but crimes will be prevented by identifying, successfully
prosecuting, and thereby removing violent predators from the communities we are sworn to protect.
We must make decisions to maximize the ability of law enforcement to engage in 21st century crime fighting. This is an unique
opportunity to catch up to the rest of the nation and protect the public we serve.
Let’s seize this opportunity!
Steve Cooley, District AttorneyLos Angeles CountyMarch 24, 2004