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Legal News
5 Aug 2011
by Julia Zebley

[JURIST] A three-judge panel for the California First District Court of Appeals [official website] ruled [opinion, PDF] unanimously on Thursday that DNA samples cannot be taken broadly from any adult arrested or charged with a felony. Striking down a 2004 voter-enacted provision [Propostition 69 materials] of the DNA and Forensic … [read more]

Legal News
26 Jul 2011
by Maureen Cosgrove

[JURIST] The US Court of Appeals for the Third Circuit [official website] on Monday ruled [opinion, PDF] 8-6 that law enforcement officers are permitted to obtain DNA samples from arrestees. Law enforcement officers sought a DNA sample from defendant Ruben Mitchell after he was indicted for attempted possession with intent … [read more]

Legal News
18 Feb 2010
by Zach Zagger

[JURIST] The Polish government joined [Rzeczpospolita report, in Polish] a class-action on lawsuit Wednesday brought against Russia for the 1940 Katyn Massacre [Brittanica backgrounder; JURIST news archive] where 20,000 Poles were killed by the USSR. The suit [complaint], filed in May in the European Court of Human Rights (ECHR) [official … [read more]

Legal News
29 May 2009
by Andrew Morgan

[JURIST] A federal court on Thursday upheld the constitutionality [opinion, PDF] of mandatory DNA collection for all persons arrested or detained under federal authority. Judge Gregory Hollows of the US District Court for the Eastern District of California [official website] found that although the collection of DNA from those arrested … [read more]

Legal News
29 Jan 2009
by Andrew Morgan

[JURIST] The Supreme Court of the Russian Federation [official website, in Russian] on Thursday rejected an appeal by relatives of victims of the 1940 Katyn Massacre [Polish government backgrounder; JURIST news archive] to reopen investigations into the killings. The court reasoned [RIA Novosti report] that the Soviet-era criminal code to … [read more]

Legal News
26 Nov 2008
by Jaclyn Belczyk

[JURIST] The Moscow City Court on Tuesday affirmed a lower court's decision not to legally rehabilitate captured Polish officers executed in 1940 during the Katyn massacre [Polish government backgrounder], in which more than 20,000 Polish Army reservists, academics and politicians were killed in the Katyn Forest in present-day Belarus, as … [read more]

Legal News
8 Jul 2008
by Deirdre Jurand

[JURIST] A Moscow court Monday rejected an attempt by relatives of Polish victims of the 1940 Katyn massacre [CNN backgrounder; Poland backgrounder] to renew investigations into the killings. The government of Mikhail Gorbachev [Guardian profile] admitted in 1990 that Josef Stalin had personally ordered [documents, in Russian] the secret police … [read more]

Legal News
16 Apr 2008
by Deirdre Jurand

[JURIST] The US government will begin collecting DNA samples [JURIST report] from every person arrested under federal laws, a Department of Justice spokesman said Wednesday. Federal agencies are authorized to collect DNA samples under a 2006 amendment [PDF text] to the Violence Against Women Act, but previously had only collected … [read more]

Legal News
30 Nov 2007
by Jaime Jansen

[JURIST] All convicted federal felons must provide DNA samples to a federal database available to police departments throughout the country, a divided panel of the US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] Thursday. Judge Margaret McKeown, writing for the majority, upheld a 2004 amendment [summary] to … [read more]

Legal News
27 Apr 2006
by Alexis Unkovic

[JURIST] The Supreme Court of Canada [official website] ruled [text] 4-3 Thursday that it is constitutional for a judge to require a convicted sex offender to turn over DNA samples to the Canadian National DNA Data Bank [official website], even if the offender was convicted before the enactment of the … [read more]

Legal News
3 Oct 2005
by Tom Henry

[JURIST] In an effort to expand the nation's genetic database, US lawmakers are considering new legislation that would add DNA [bill summary] from thousands of suspected illegal immigrants, terror suspects and others who have been arrested, but not convicted, of federal crimes. The measure has already passed the US House … [read more]

Legal News
24 Nov 2004
by Brandon Smith

[JURIST] Britain's Lord Justice Sedley has recommended in a lecture to Leicester University Law School that the country should establish a national DNA database. Sedley, known for his civil rights beliefs, cited the benefit DNA could further provide in assisting criminal apprehension and prosecution, and suggested that the risks in … [read more]

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