What is the impact of DNA testing on the criminal record of a suspect?

California, United States of America


The following excerpt is from People v. Buza, 230 Cal.Rptr.3d 681, 4 Cal.5th 658, 413 P.3d 1132 (Cal. 2018):

Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt County (2004) 542 U.S. 177, 191, 124 S.Ct. 2451, 159 L.Ed.2d 292.) "A suspect's criminal history," the high court continued, "is a critical part of his identity that officers should know when processing him for detention," and "[a] DNA profile is useful to the police because it gives them a form of identification to search the records already in their valid possession" for the suspect's criminal history. ( King , at pp. 450451, 133 S.Ct. 1958.) In this respect, the court said, the profile serves the same purpose as a name or fingerprints. ( Id . at p. 451, 133 S.Ct. 1958.) Second, the high court reasoned, "DNA identification can provide untainted information to those charged with detaining suspects and detaining the property of any felon," which is significant because "officers must know the type of person whom they are detaining, and DNA allows them to make critical choices about how to proceed." ( Id. at p. 452, 133 S.Ct. 1958.) Third, the court noted, using DNA samples to determine whether the accused has committed other crimes furthers the state's " substantial interest in ensuring that persons accused of crimes are available for trials. " ( Ibid . ) This is so, it said, because "[a] person who is arrested for one offense but knows that he has yet to answer for some past crime may be more inclined to flee the instant charges," thereby presenting "a risk to law enforcement officers, other detainees, victims of previous crimes, witnesses, and society at large." ( Id. at p. 453, 133 S.Ct. 1958.) Fourth, the court explained, "an arrestee's past conduct is essential to an assessment of the danger he poses to the public," which may determine "whether

[230 Cal.Rptr.3d 691]

Other Questions


What is the test for impeaching an impeached member of the House of Representatives who has a history of criminal activity in his criminal record? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
What is the test for the definition of a criminal offence under the Criminal Code of Criminal Procedure? (California, United States of America)
What is the test for remand in a criminal case where a defendant's sentence was based on an incorrect assessment of his criminal record? (California, United States of America)
What is the test for adding evidence to the record on a motion to amend the record to determine whether there were violations under the Criminal Code Act? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
What is the test for a motion for a mistrial in a criminal case where a defendant has admitted to a prior criminal record? (California, United States of America)
What is the impact of criminal conviction on a defendant's criminal record? (California, United States of America)
What is the test for determining whether a witness has a criminal conviction for a previous criminal conviction that was impeaching the same criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.