DNA evidence has had a major impact on the criminal justice system in recent years. The availability of such evidence has resulted in numerous exonerations of people who were wrongly convicted. This has led to numerous, far-reaching questions about the standards of proof used to obtain convictions. The effect this has had on New York City criminal defense cases is undeniable.

It's an entirely different issue, however, when the state seeks to collect DNA samples from people who have already been convicted. Should states be allowed to require the submission of a DNA sample by convicted offenders and keep it in a central database?

This week the Cuomo administration announced that it wants to make New York the first state to collect DNA evidence following virtually all criminal convictions. The administration seeks to expand DNA data collection to include misdemeanors, as well as all types of felonies - even those that are traffic or business related, such as DWI or fraud.

Legislation to expand the DNA database passed both chambers of the Legislature last week, but did not become law because the two houses failed to resolve differences in their respective bills.

Another attempt is coming this year. It would not apply to low-level violations, including trespassing, disorderly conduct, or the private possession of a marijuana cigarette.

Civil libertarians and other advocates for individual rights have numerous concerns about the possible expansion of DNA collection. One of these is DNA sample contamination, when human testing errors occur in the lab. Another is the potential for abuse or wrongdoing by prosecutors looking for a slam-dunk conviction.

Legislators, in considering DNA testing proposals this year, should beware the slam dunk that bommerangs off the back of the rim.

Source: "New Push to Expand DNA Samples from NY Offenders," NBC New York, 1-11-12