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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
| Tags: dna, samples, voluntary |
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#11
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"Big Les Wade" wrote in message
... GeorgiePorgiePuddingAndPie posted I have been asked by the police to supply on a voluntary basis 'familial DNA'. Over 20 years ago my father was interviewed along with loads of other people at his workplace about a murder. The police appear to have reopened the the case and because my father died years ago, I have been asked to supply the sample to 'eliminate' him. The policeman who spoke to me said it would not go on the national database but as far as I am aware there is no law that I could invoke to force the police to remove it if they added it anyway, without my consent. You are right AIUI. Whatever they say, they will almost certainly add it to the database and never remove it. We know they are quite happy to lie about it; they did constantly between 1985 and 2001. Thanks. That's what I suspect. Obviously I am really worried that the *******s try to fit me up with something. I have had virtually no contact with the police over my 48 years of existence. I don't hurt or harm or defraud other people so I naturally expect the police to stay the **** away from me. And up and until now that is what has happened. That I now have them breathing down my neck for absolutely no fault of mine makes me feel that the claim that this is a nascent police state are not so wide of the mark after all. |
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#12
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"GeorgiePorgiePuddingAndPie" wrote in message ... "Big Les Wade" wrote in message ... GeorgiePorgiePuddingAndPie posted I have been asked by the police to supply on a voluntary basis 'familial DNA'. Over 20 years ago my father was interviewed along with loads of other people at his workplace about a murder. The police appear to have reopened the the case and because my father died years ago, I have been asked to supply the sample to 'eliminate' him. The policeman who spoke to me said it would not go on the national database but as far as I am aware there is no law that I could invoke to force the police to remove it if they added it anyway, without my consent. You are right AIUI. Whatever they say, they will almost certainly add it to the database and never remove it. We know they are quite happy to lie about it; they did constantly between 1985 and 2001. Thanks. That's what I suspect. Obviously I am really worried that the *******s try to fit me up with something. I have had virtually no contact with the police over my 48 years of existence. I don't hurt or harm or defraud other people so I naturally expect the police to stay the **** away from me. And up and until now that is what has happened. That I now have them breathing down my neck for absolutely no fault of mine makes me feel that the claim that this is a nascent police state are not so wide of the mark after all. I don't understand why you say that, because from your original post you seem to implicitly accept or, as I think is more likely, you know for a fact, that your Father was interviewed along with loads of others in connection with a murder enquiry many years ago. With that in mind I don't see why you think you are being "fitted up" - if that was the intention there would be a whole host of other ways to do it & which would not require you to give a sample on a voluntary basis. On the other hand, by giving the sample you could finally clear your Father of any suspicion, no matter how remote or unfounded that suspicion was. I do share your concerns, but for me it would be worth the price of having my DNA on file if I could then go to my dad's grave & say "I did that for you Dad - they tried to fit you up for it - but I made sure they didn't get away with it". On the other hand, if it proved to be a match.... someone might still be grateful finally to know & I get the feeling you could cope with it ![]() -- Joe Lee |
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#13
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On Tue, 23 Sep 2008 18:15:05 +0100, GeorgiePorgiePuddingAndPie put
finger to keyboard and typed: I am long time campaigner on privacy issues so I am sort of expecting that people will make unwarranted implications, as you have done. That is one very powerful reason for resisting. But really, this could all be settled fairly amicably if the state were to grant unconvicted people rights over the disposition of their DNA profiles. If it won't do that then it can hardly be surprised if people take the stance I have taken. Indeed. It's a little like prosecuting people for jumping a red light or driving in a bus lane in order to make way for an emergency vehicle. On the whole, I think it's generally a Good Thing to be cooperative in assisting the police, ambulance service, etc. But if such actions risk detrimental consequences for the cooperator as a result of government policy, then it's hardly surprising if fewer people are prepared to cooperate. Mark -- "There must be a place, under the sun, where hearts of olden glory grow young" http://mark.goodge.co.uk - my pointless blog http://www.good-stuff.co.uk - my less pointless stuff |
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#14
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"Joe Lee" invalid@noaddress wrote in message
... I don't understand why you say that, because from your original post you seem to implicitly accept or, as I think is more likely, you know for a fact, that your Father was interviewed along with loads of others in connection with a murder enquiry many years ago. With that in mind I don't see why you think you are being "fitted up" - if that was the intention there would be a whole host of other ways to do it & which would not require you to give a sample on a voluntary basis. You miss my point entirely. I am not claiming that the police are trying to 'fit up' my father or myself in respect of this ancient crime. They are simply following a methodical process of following through on each person they investigated at the time. My point was that I am worried that I may face harrassment for declining to give a DNA sample and that I might be 'fitted up' so as to arrest me on spurious grounds to take my DNA by force. On the other hand, by giving the sample you could finally clear your Father of any suspicion, no matter how remote or unfounded that suspicion was. And I am happy to do that provided that my DNA profile is not stored on the NDNAD. I do share your concerns, but for me it would be worth the price of having my DNA on file if I could then go to my dad's grave & say "I did that for you Dad - they tried to fit you up for it - but I made sure they didn't get away with it". As I said, I have no reason to think that my father is a significant suspect and my guess is that the police are simply being methodical. As far as I am aware, his name is not besmirched so I have no need to clear it, and especially not at the price of being entered onto a criminal database. That is simply not acceptable and if the state wants me to volunteer then it had better understand that many millions of people feel as I do and change the law. |
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#15
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In article ,
GeorgiePorgiePuddingAndPie wrote: I have been asked by the police to supply [DNA] on a voluntary basis Much of the discussion here is focusing on horror scenarios where the police decide to harass you just because you say no. Now obviously you're understandably angry, and I would be thinking the same kind of things in your position. But really they probably have things they think are more important than harasssing you over this. I don't know what kind of conversation you had with them already, but the best approach is probably to avoid expressing your anger or frustration to the police, and to avoid getting into any kind of discussion about it. Just say you would prefer not to. If they say `why', just say you would rather not. If they press you more you can just say that you're sorry and that you appreciate the problems this causes for them but that your mind is made up. This won't feel very helpful to you, but just resist your natural inclination to engage with the conversation. Keep going back to your central point like a politician on the Today programme. Stay polite. Avoid upsetting them, or making any accusations, referring to past police misdeeds, or anything like that. Don't give them an explanation for your refusal. If you do explain then they will start arguing over the details. This is likely to lead to them becoming more annoyed at you. At some point they will promise you something that they think should address your concerns, and you will then find that your natural riposte is to point out that you don't trust them (which is sure to annoy them). You're perfectly entitled to say no and if you do - firmly and politely - then they'll probably just go away. Make notes of these conversations. If they seem to threaten you somehow, make a note of that but don't respond; pretend that you haven't noticed the threat. Then if they actually do carry out any of these threats you should complain (but don't do so beforehand as the complaints processes are useless and antagonising them will be likely to make things worse). -- Ian Jackson personal email: These opinions are my own. http://www.chiark.greenend.org.uk/~ijackson/ PGP2 key 1024R/0x23f5addb, fingerprint 5906F687 BD03ACAD 0D8E602E FCF37657 |
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#16
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"Ian Jackson" wrote in message
... In article , GeorgiePorgiePuddingAndPie wrote: I have been asked by the police to supply [DNA] on a voluntary basis Much of the discussion here is focusing on horror scenarios where the police decide to harass you just because you say no. Now obviously you're understandably angry, and I would be thinking the same kind of things in your position. But really they probably have things they think are more important than harasssing you over this. I don't know what kind of conversation you had with them already, but the best approach is probably to avoid expressing your anger or frustration to the police, and to avoid getting into any kind of discussion about it. Just say you would prefer not to. If they say `why', just say you would rather not. If they press you more you can just say that you're sorry and that you appreciate the problems this causes for them but that your mind is made up. This won't feel very helpful to you, but just resist your natural inclination to engage with the conversation. Keep going back to your central point like a politician on the Today programme. Stay polite. Avoid upsetting them, or making any accusations, referring to past police misdeeds, or anything like that. Don't give them an explanation for your refusal. If you do explain then they will start arguing over the details. This is likely to lead to them becoming more annoyed at you. At some point they will promise you something that they think should address your concerns, and you will then find that your natural riposte is to point out that you don't trust them (which is sure to annoy them). You're perfectly entitled to say no and if you do - firmly and politely - then they'll probably just go away. Make notes of these conversations. If they seem to threaten you somehow, make a note of that but don't respond; pretend that you haven't noticed the threat. Then if they actually do carry out any of these threats you should complain (but don't do so beforehand as the complaints processes are useless and antagonising them will be likely to make things worse). Thanks for that Ian. That is very useful advice. I should add that the policeman who contacted me was unfailingly polite and if I do decide to say 'no' I shall be likewise polite. However my imagination has been working overtime on this and it has left me in a stressed state. I would like to say 'yes' but I really feel I can not as the current set up is. If the police asked me for testimony I would have any problem with helping them but I absoluetly draw the line on going on a criminal database. |
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#17
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GeorgiePorgiePuddingAndPie wrote:
And please no lectures along the lines of 'if you have done nothing wrong, you have nothing to hide'. I have done nothing wrong. I don't want my data on the DNA database. End of. Deal with it. I think you're taking the correct view of this. The police have not been honest in the past in the statements they make to "volunteers" about the use of their DNA profile. AFAIK it is policy that *all* profiles from volunteers will be loaded onto the database and once there it will be extremely difficult to get the sample removed. After "quite a bit" of research into the uses of the NDNAD, I've formed the opinion that false matches are entirely possible and that if they occur there's a lazy assumption that a DNA match indicates guilt, full stop, end of story, attempt to send suspect direct to jail without passing "Go". Things should not be this way, but there seems to be an unquestioning faith in the police than DNA=guilty. |
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#18
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The Todal wrote:
And I am curious to know whether you would want to protect your father and your family from the possibility of a disgraceful revelation, or whether you see it only as a DNA personal data issue. I didn't see the OP's questions as having any implication that the aim was to avert a scandal or to deny justice. I understand the concerns about the acquisition of "volunteer" DNA profiles and those concerns may come from several roots. DNA profiles are retained until the 100th birthday or the death of the person from whom a profile was obtained. However there has been no public demonstration that the samples and profiles are destroyed as claimed and it would take a radical step forward in governmental efficiency for these undertakings to be credible. As well as a profile an actual sample of DNA is retained and that sample is retained by the laboratory processing the sample. i.e. by a commercial company. That alone would cause me concern and I recall from some months ago a press story that one company had sold material without consent. That should be cause for concern. The DNA profile is not unique to an individual, hence the possibility of a false match to a crime scene sample always exists. And if someone has a sample of DNA, the possibility of "seeding" a crime scene with DNA also exists, however remote the probability that possibility can be a cause for genuine concern. |
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#19
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GeorgiePorgiePuddingAndPie wrote in message
... "Big Les Wade" wrote in message ... GeorgiePorgiePuddingAndPie posted I have been asked by the police to supply on a voluntary basis 'familial DNA'. Over 20 years ago my father was interviewed along with loads of other people at his workplace about a murder. The police appear to have reopened the the case and because my father died years ago, I have been asked to supply the sample to 'eliminate' him. The policeman who spoke to me said it would not go on the national database but as far as I am aware there is no law that I could invoke to force the police to remove it if they added it anyway, without my consent. You are right AIUI. Whatever they say, they will almost certainly add it to the database and never remove it. We know they are quite happy to lie about it; they did constantly between 1985 and 2001. Thanks. That's what I suspect. Obviously I am really worried that the *******s try to fit me up with something. I have had virtually no contact with the police over my 48 years of existence. I don't hurt or harm or defraud other people so I naturally expect the police to stay the **** away from me. And up and until now that is what has happened. That I now have them breathing down my neck for absolutely no fault of mine makes me feel that the claim that this is a nascent police state are not so wide of the mark after all. There are a lot of people like yourself , uneasy about having their DNA in a freezer and DNA profile on a database but perhaps have difficulty in putting into words exactly why. So for some concrete reasons - mention the names Raymond Easton, Peter Hamkin and/or Mark Minick, all falsely matched to crimes because "their" DNA matched to crime scenes. And also a 7 yearold Nottingham schoolboy, determined by DNA profiling to be the Omagh bomber, came out in court testimony last year. You won't find those names mentioned on police or forensic science sites , only on sites that I've collated the info. It is in their mindset (and also most of the public) that a DNA profile match equals a DNA match equals a "collar". Wheras a definition of such a match is "A set of numbers that may or may not reflect the biology of a miniscule subset of someone's DNA that has been matched, or substantially partial matched via a computer database to the same set of numbers derived from a crime-scene sample stored, more than likely in less than ideal circumstances, which may or may not reflect a miniscule subset of the DNA of someone, not necessarily the offender, left at a crime scene maybe decades previously and analysed degraded , decades later. " There is an absolute best error rate for single kit analysis of reference (ie mouth swabs) of 1 in 140 being wrong due to something called false homozygosity. For crime scene DNA profiles the error rate increases to 7 percent being wrong (GEDNAP results). For old /degraded/tiny samples the error rate gets much worse. You won't find that info on police/FSS sites. Similar to, as you only need 23 people in a room for a greater than evens chance of 2 people having the same birthday. What is the number of people in a group before one of them will have an unrelated full (UK 10 marker) DNA profile match with someone else in the UK ? It is only about 2,000 before one of them has a greater than evens match with someone else in the UK. If you are of the modal group, ie 4 grandparents born in the UK then you could easily be that person. That is the eventual result accidently disclosed by someone in the Arizona justice system and the FBI very much wishes she hadn't. Basically in an Arizona database of only 65,000 DNA profiles there was a 10.5 marker, unrelated match, between a black guy and a white guy. The USA uses 13 but the UK uses only 10, and taking the maths over to the UK situation gives that 1 in 2,000 figure of a false match in the UK. Ignore the codswallop presented in courts about billions , it is just there to prejudice the jury. The FBI has clammed up because , one has to assume, not only are false matches far more likely than the theory would say but a fundamental premise of "Bayesian independence" used in courts around the world is shown to be without foundation. There is an argument that the situation in the UK is worse than Arizona, more co-ancestry, but the Arizona data is the only hard data released so far. -- http://www.nutteing.chat.ru/dnapr.htm for further info, on a Russian site for sencorship reasons |
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#20
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Steve Firth posted
AFAIK it is policy that *all* profiles from volunteers will be loaded onto the database and once there it will be extremely difficult to get the sample removed. Do you have a good source for this? The police have always said that they will destroy "volunteered" DNA at the end of the particualr investigation for which it was collected. I have never believed them anyway, of course, but I'd be interested to be shown evidence that it doesn't happen. -- Les "Criticising the government is not illegal, but often on investigation turns out to be linked to other offences." |
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