T
The420Guy
Guest
Marijuana activist Ed "njweedman" Forchion of Pemberton Township is
challenging a recently enacted state law that requires all state prisoners
and parolees to submit DNA samples.
Forchion, who is serving a parole term for a marijuana-distribution
conviction, has filed an injunction in federal court in Camden that would
exempt him from complying with the state's new DNA sample law.
Forchion argues the new law is simply an "ex post facto," or
after-the-fact, form of punishment that is also an illegal invasion of his
privacy.
The new law Forchion is challenging was signed by Gov. James E. McGreevey
on Sept. 22. The law is seeking to boost the state's database of DNA
evidence by expanding the crimes for which DNA samples are collected.
Before the law was enacted, only offenders who committed violent crimes or
serious sex offenses were required to submit DNA samples. Now, anyone
convicted of burglary, weapons offenses, theft of items above $250 and
other fourth-degree offenses must submit DNA samples. The law also applies
to all offenders currently in state prison or those being supervised by the
state through parole or probation programs.
The governor and state legislators touted the law as a way to enhance
criminal investigations with a bigger database of DNA evidence. The new law
also tacked $2 onto every traffic fine collected in the state to pay for
upgrades to DNA-testing laboratories and to hire at least 40 new scientists.
Forchion, however, said the law should not apply to people who have
previously been convicted of a crime because the U.S. Constitution protects
additional protects additional punishments from being added to the original
penalties after the fact.
Pubdate: Sun, 5 Oct 2003
Source: Burlington County Times (NJ)
Copyright: 2003 Calkins Newspapers. Inc.
challenging a recently enacted state law that requires all state prisoners
and parolees to submit DNA samples.
Forchion, who is serving a parole term for a marijuana-distribution
conviction, has filed an injunction in federal court in Camden that would
exempt him from complying with the state's new DNA sample law.
Forchion argues the new law is simply an "ex post facto," or
after-the-fact, form of punishment that is also an illegal invasion of his
privacy.
The new law Forchion is challenging was signed by Gov. James E. McGreevey
on Sept. 22. The law is seeking to boost the state's database of DNA
evidence by expanding the crimes for which DNA samples are collected.
Before the law was enacted, only offenders who committed violent crimes or
serious sex offenses were required to submit DNA samples. Now, anyone
convicted of burglary, weapons offenses, theft of items above $250 and
other fourth-degree offenses must submit DNA samples. The law also applies
to all offenders currently in state prison or those being supervised by the
state through parole or probation programs.
The governor and state legislators touted the law as a way to enhance
criminal investigations with a bigger database of DNA evidence. The new law
also tacked $2 onto every traffic fine collected in the state to pay for
upgrades to DNA-testing laboratories and to hire at least 40 new scientists.
Forchion, however, said the law should not apply to people who have
previously been convicted of a crime because the U.S. Constitution protects
additional protects additional punishments from being added to the original
penalties after the fact.
Pubdate: Sun, 5 Oct 2003
Source: Burlington County Times (NJ)
Copyright: 2003 Calkins Newspapers. Inc.
