Stop and Frisk -- and DNA Test?

Taking DNA samples from people arrested, but not convicted of a crime, has the potential to make our already unfair justice system even less fair. Before we expand the preconviction DNA dragnet, we should think hard about what that means in a racially biased system. Currently, 26 states and federal law enforcement permit pre-conviction DNA collection. However, our recent national conversation about stop and frisk policies should make us cautious. African-Americans already constitute roughly 40 percent of the federal DNA database, the Combined DNA Index System (CODIS), reflecting racial disparities in convictions and sentences. Collecting DNA from people prior to conviction will likewise reflect the racial disparities in arrests that plague our justice system.

There is an increasing demand nationwide to archive DNA samples from not only convicted criminals, including misdemeanor offenders, but persons arrested for a crime. Advocates praise the ability of DNA to identify the guilty and exonerate the innocent. They cite cases of serial rapists, such as Anthony Dias in Washington, who might have been caught sooner, if only a DNA sample was available. Heroically...