Federal Evidence Review

Senate confirmation hearing raises questions on resources for DNA collection and testing

During the Senate Judiciary Committee confirmation hearings on the nomination of Eric H. Holder Jr. to be Attorney General of the United States, one subject concerned the collection of DNA samples in criminal cases. Senator Kyl, who has authored and supported DNA collection legislation, wanted to learn if the nominee’s supported the collection of DNA samples of those having contact with the criminal justice system:

KYL:

“As we discussed last December, the Justice Department published regulations that require federal agencies to collect DNA samples from individuals who are arrested under federal authority and from illegal immigrants who are being deported.

“The regulations require these agencies to collect DNA samples at the same time that they take fingerprints and mug shots. The Justice Department is charged with implementing and administering the new regulations. It's the department's job to ensure that the DNA samples are collected and analyzed.

“Mr. Holder, if you're confirmed as attorney general, will you see to it that the new DNA regulations are enforced and that DNA samples are collected and analyzed as required under the new rules? And will you seek sufficient resources to implement the regulations?”

HOLDER:

“Yes, I will, Senator. The collection of that evidence is, I think, critical for crime solving. The use of DNA evidence is often seen as a way in which people who are charged with crimes are absolved. And that certainly is a beneficial effect. But I think, too often, people forget that the collection of this evidence is a very important crime-fighting tool.

“And so I will support those regulations. I think, as you indicated, it's entirely possible that one of the things that we're going to need are additional resources to make sure that we have the capacity, the ability to do that job in the way that Congress intended.”

KYL:

“And I'll do my best to help to make sure Congress supports the resource requirements.”

Later on, Senate Judiciary Committee Chairman Leahy also inquired about the resources for DNA testing:

LEAHY:

“Much of the legislation I've worked on in a bi-partisan way, I might tell you, has been to improve the criminal justice system, improve and increase DNA testing, for example. The Justice for All Act passed in 2004 includes the Innocence Protection Act.

“I had worked with former Republican Congressman Ray LaHood, Democratic Congressman Bill Delahunt, the House's both former prosecutors that keyed the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program, the idea being we didn't want an innocent person in prison or on death row. But at the same time, as former prosecutors, we didn't want to see an innocent person go to jail knowing that that meant the guilty person is still out loose and could commit the same crime over again.

“The Justice Department has been slow and affected, sometimes, obstructions as to implementing this program. They put a barrier that resisted funding key programs.

“The fact of the matter is it's something that works well for both prosecution and the defense. Will you work with me and others in the Congress in both parties to see if the key DNA testing programs are effectively funded and implemented?”

HOLDER:

“I look forward to that, Senator. The Justice Department -- we in the Justice Department have not only a responsibility for trying to solve crimes and convict the people who committed them. The Justice Department, unlike maybe the responsibility that, I think, the defense attorneys have -- they have these more unique functions. We have a more unique function.

“We have -- and especially those of us who potentially are in charge of the department -- have a responsibility to the system. And to the extent we can have tools that are made available to acquit people, exonerate people as well as find them guilty, those things should be supported.

“That's what I was talking about, I think, earlier with Senator Kyl. I agree with what he said and what you are saying that there is a need for technology.”

LEAHY:

“We also have the Debbie Smith DNA Backlog Reduction Program for a reduced backlog of untested rape kits and all. These are all things that we should work at that will make law enforcement go better and, also, not only will keep innocent people from going to jail but will make it more effective and will get the actual person who committed the crime so they're not out there where they might commit the crime again.”

As noted during the hearing, DNA evidence can be used to resolve cases, either by convicting offenders or acquitting an accused. Since the collection of the DNA samples lies with the Department of Justice, the early views of the nominee are important. There also appears to be bipartisan support for ensuring sufficient resources for DNA collection and testing. Whether adequate resources will be provided, remains to be seen in the new year.