Sunday 22 July 2007

A police state ?

A bill will shortly go before the New South Wales parliament to increase police powers to demand a DNA sample from any person arrested - even if the cause of that arrest is trivial.
This bill will cause controversy from both sides of the law and order debate.
The civil liberties people will see it as another step towards a " police state " in which the citizenry are under the thumb of the authorities - and the collection of DNA is part of establishing a data base which includes all citizens.
The " law and order " people would prefer a system when the DNA of all babies was collected and recorded at birth - and all visitors to this country - whether migrants or visitors - were required to have their DNA recorded as a condition of entry.
There is no doubt that a universal DNA base would have merit. There would be no more unidentified murder victims. Rape cases would almost automatically be solved. Crime would fall dramatically across all segments - and maybe as a result we would become a safer and more pleasant society in which to live.
But - there would be a downside. If the police can collect DNA on what would legally become a whim - then we lose that important state of individuality that we cherish.
There is no doubt that a citizen can be arrested at the whim of a police officer. The oldest gag in the book is " on suspicion of having committed a crime ". The DNA is then collected - and the case proceeds no further - or is tossed out of court for lack of evidence.
The biggest problem with increasing police powers is the incremental use that occurs over a period of time. As the situation now stands a citizen can be arrested for a minor offence such as " Jay walking ", but if that leads to an appearance before a court - that is the end of the matter.
If such a minor arrest leads to a DNA record going to the archives then that person may be charged with past crimes committed - and with the DNA forever on file - with any crime in the distant future.
The other side of the coin is the ease with which an innocent person can be framed for a crime by his or her DNA being maliciously left at the crime scene.
This bill is being considered as another weapon in the fight against terrorism.No doubt it will pass in one form or another - but hopefully not before a meaningful debate on all the implications.
Otherwise - we may be heading for that dreaded " police state " where all forms of power are denied to the individual !

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