Lifetime legal dude, Eliot Spitzer, is trying to make the law now. After a career of enforcing it, we're now subject to the grand philosophy which guides its making now. The legislature is considering a bill which would make all convicted felons and those who have committed misdemeanors subject to forfeiture of their DNA. While this is being lauded by law enforcement and media editorials. This New Yorker in the individual freedom wilderness is saying enough is enough.
The 1997 movie Gattaca told a story about a future and society that revolved around new eugenics. It's a frightful tale about a young man trying to buck a fixed system in order to achieve the dream of space travel. Like everything else in NY it often heralds a bigger picture for the world, witness seatbelt laws and trans-fat bans. If my potential or future civil disobedience is threatened with a test which could effect employment, life insurenace or any other price to just living in an unfree world, I hereby call for a Genetic Bill of Rights.
Most law students don't care about history anymore. They view the law as an means to a powerful ends. With nothing but the hubris of academics to protect us, the lawyers can dump all levels of heinous idiocy on us with few who are willing to fight it. Thus when the prospect of easier drug enforcement or persecution of the modern lepers (sex offenders) is in play, there will be very little outcry from the public. A few civil and real libertarians will be ignored or shouted down. When law is simply the acceptance of stare decisis or the cavalcade of statutes that have pre-empted common law, power is the only rationale for any new law. While some scholar may pay adequate time to a perceived injustice in an obscure journal, our sensibilities as an average citiizen are simply deadened in a zone of indifference cultivated from a lifetime of fate acceptance.
I should hope to someday be stopped for a seatbelt violation and refuse to pay the fine. One wonders with future incarceration looming whether a urine or hair sample will be guiltily foisted upon my suddenly less than sovereign shoulders. No one denies the efficacy of the science of DNA or the value of it as a tool in law enforcement. But when streakers and protesters become the victims of a monolithic correctional state we must take pause at the greater harm and not the immediate satisfaction of marginal needs or results. Like the main character in Gattaca I will defiantly push the envelop against the convenience of governing versus the absolute right to be left alone.