The Case Of Maryland V King - 1670 Words

As technology advances, the world is forced to adapt as an increasingly quick pace. Specifically, our justice system must consider the constitutionality of surveillance and other information gathering techniques and how they coincide with current interpretations of the Fourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutional and does not violate the Fourth Amendment; a decision that will†¦show more content†¦Justices Anthony Kennedy, John Roberts, Clarence Thomas, Stephen Breyer, and Samuel Alito made up the majority of the court with the opinion founded upon the assertion that DNA testing is a comparable method of identificati on to fingerprinting and photographing arrestees. Justice Anthony Kennedy, wrote the opinion of the court, â€Å"sits at the court’s ideological center and joins the court’s four-member liberal wing about a third of the time when it divides along partisan lines.† As a Republican, this makes him stand out as he actively resisted the kind of political polarization faced by the court. Kennedy’s swing vote is important in the consideration of our formal and informal actors in the courts decision as he, and the other justices, are considered the formal actors. DNA testing is the most accurate way to identify an individual, and should therefore be used to increase the effectiveness of our justice system. This brings to light the issue of genetic privacy. Society questions the motives of government in DNA collection and floods the media, which acts as an informal actor on the court, with ideas of this invasion of privacy and encroachment of biological liberties. The 2010 article, Create a National DNA Database? stated that â€Å"such sensitive information is prone to misuse, and one should not have such blind faith in the security of government access to it.† EPIC, the electronic privacyShow MoreRelatedThe Use Of Dna Databasing Is Not Only A Controversial Subject846 Words   |  4 Pagesdatabasing has been used successfully to solve crimes, as well as prove people’s innocence. Does this fact allow investigators to use DNA without a person’s full consent for the greater good? The concept of bodily autonomy says no, but laws and court cases have been interpreted as to say keeping DNA databases are lawful. The morality of keeping DNA databases are up to interpretation of various factors. The purpose of DNA databasing is to assist investigators in solving crimes, as shown by several states’Read MoreDna Testing And The Second Amendment1276 Words   |  6 Pagesevidence. Questions could arise regarding testing procedures. 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Other major decisions made by Marshall were in the cases Dartmouth College v. Woodward, Gibbons v. Ogden, in which Marshall defined national power over interstate commerce, and Cherokee Nation v. State of Georgia.   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"John Marshall was theRead MoreSeperate Is Not Equal Essay1554 Words   |  7 PagesUnited States. This struggle was not only about children and their education, but also about issues of race and equal opportunity in America. The decision of Brown v. Board of Education of Topeka initiated educational and social reform throughout the United States. However, without the dedication brought by Charles H. Houston, the case of equality or the Civil Rights Movement might not have advanced to where it is today. Up until the late 1950s, public schools had been segregated throughout southernRead MoreV. St. Louis Hockey Club1617 Words   |  7 PagesMcKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club should be held vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury