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Urbanhog
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Joined: 22 Apr 2003
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Location: Tropical Queensland, Australia
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 Posted: Sat Oct 11, 2003 9:51 am Post subject: NJWeedman-Challenges State Law Involving Incarceration & |
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'NJWeedman' Challenges State Law Involving Incarceration and DNA
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 currently serving a parole term for a marijuana-distribution conviction, has filed a request 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.
"I really don't have a problem with DNA, but it's being used as ( another form ) of punishment," Forchion said. "It's just an invasion of 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 4th-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, including Assemblyman Herb Conaway, D-7th of Delanco, touted the law as a way to enhance criminal investigations with a bigger database of DNA evidence. The amount of samples in the database is expected to grow from 10,000 to 140,000. 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, such as himself, because the U.S. Constitution protects additional punishments from being added to the original penalties after the fact.
"This is a constitutional issue," Forchion said.
In addition, he cited a California federal appeals courts' recent decision that a similar federal DNA-sample law is unconstitutional.
Forchion, who calls himself "njweedman," is currently enrolled in a state parole program that forces him to undergo routine urine testing. He joined the program last year after serving 16 months in state prison on a 2000 marijuana-distribution conviction.
Forchion said he would stop submitting urine samples if the state tries to glean DNA from them. |
http://www.phillyburbs.com 10-5-03
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"Travel is fatal to prejudice, bigotry, and narrow-mindedness, and many of our people need it sorely on these accounts. Broad, wholesome, charitable views of men and things cannot be acquired by vegetating in one little corner of the earth all one's lifetime."
--Mark Twain, The Innocents Abroad (1869) |
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Ferre
Cannabis Sacrament Minister.
Joined: 14 Apr 2003
Posts: 7295
Location: Amsterdam
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| Posted: Sat Oct 11, 2003 9:51 pm Post subject: |
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I hope he wins this, He's right. It's a matter of privacy.
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Pepper
Cannabis Sacrament Minister
Joined: 30 Oct 2003
Posts: 528
Location: Earth
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| Posted: Thu Oct 30, 2003 2:11 pm Post subject: |
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The Gov. of New Jersey on 10/13/03 ordered the state to stop DNA testing until NJ Weedman's Federal DNA case is resolved.
NJWEEDMAN GOES ON TRIAL FOR CALLING U.S. ATTORNEY CHRISTIE A "HYPOCRITE"<-- NEWS |
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