Say goodbye to your constitutional right to be free from unreasonable searches and seizures and open up your wallet while you’re at it –this thing’s gonna cost. The Johnia Berry Act of 2007 has been signed by Governor Bredesen. It’s another “feel good” law, popular with both the public and legislators because it appears aimed only at criminals, but the law is unmindful of the rights laid out in the Constitution.
According to the City Paper,
“The state Attorney General has opined that the legislation is “constitutionally suspect” for reasons that, in part, include that those arrested have greater privacy rights than those convicted of violent crimes.”
But it when it comes to superficial laws that seemingly only erode the rights of perceived ne’er-do-wells (remember this is applies to those that have not been convicted of any crime) lawmakers and the public can’t get enough. Never mind the Constitution, never mind the cost of running such a program in a state that struggles to pay for a broken educational system, never mind that such a database does nothing to prevent crime or resurrect the dead, this is about a token gesture to appease a grieving family and a terrified and angry public. It’s about that golden perception that every politician, democrat or republican, lusts after –the perception that they are tough on crime and actually give a damn about those hurt by it.
It’s also yet another crime program that after a few years will undoubtedly be underfunded, bloated, and somehow fleeced by private corporations contracted to perform state work –if it survives judicial review. The original program was estimated to cost over 1 billion dollars, and although this version is expected to cost less, the actual cost of implementing and maintaining a database of this size is unknown.
The new law requires DNA samples to be taken from persons booked for violent felonies after January 1.
The charges that will require samples include:
First or second degree murder
Especially aggravated kidnapping or aggravated kidnapping
Aggravated assault
Aggravated child abuse
Especially aggravated robbery, aggravated robbery or robbery
Car jacking
Sexual battery by an authority figure, aggravated sexual battery, statutory rape by an authority figure or aggravated statutory rape
Aggravated rape, rape or rape of a child
Aggravated arson
Especially aggravated burglary or aggravated burglary
Criminal responsibility or facilitating commission of or being an accessory after the fact in any of the above offenses
One good thing about this version of the law is that the DNA evidence collected is to be destroyed if the person is found not guilty and has no outstanding warrants. Still, the thought of sliding toward a system that presumes guilt and only frees you from the state’s database after you’ve proven your innocence is more than disturbing.
Technorati Tags: Johnia Berry Act of 2007, Tennessee DNA Database
Well, Jen, DNA has led to an arrest and a confession in the Johnia Berry Case.
David, thanks for the update. I had a friend that was murdered a few years ago in Knoxville (just before Johnia) and I know how good it feels to know the murderer is behind bars. I read that the man in custody voluntarily gave his DNA to police. The Johnia Berry Act doesn’t go into effect until this coming January (’08).
Here’s a link: http://www.wate.com/Global/story.asp?S=7119627