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Q&A
Differences in policies for DNA collection from juveniles vs. adults
0:48:44
ยท
127 sec
Deputy Commissioner Gerber explains the differences in policies governing DNA collection from juveniles compared to adults.
- NYPD policy distinguishes between juveniles and adults due to sensitivity to age
- There are stricter criteria for seeking DNA from juveniles compared to adults
- For juvenile interrogations, best efforts must be made to contact parents or legal guardians
- If a parent or guardian is present and refuses DNA collection, it cannot be taken even if the juvenile consents
- Gerber mentions additional rules for juvenile interrogations, including recording requirements
Yusef Salaam
0:48:44
How are the policies governing the collection of DNA samples from juveniles different from those that relate to gathering samples from adults?
0:48:53
And if there are if there are any different policies, why does the NYPD treat those populations differently?
Michael Gerber
0:49:03
Well, we our policy definitely distinguishes between juveniles and adults.
0:49:11
For obvious reasons, because they're juveniles, we are very, very sensitive to the age issue.
0:49:18
At the same time, we're trying to solve incredibly serious crimes.
0:49:20
We have a responsibility to to to do that with the legal tools at our disposal.
0:49:26
I think the two the two crucial distinctions there may be more, but when it comes to DNA collection, one, we have a policy that that restricts off the bat our ability to seek DNA from juveniles.
0:49:41
I I sort of gave the criteria earlier.
0:49:43
We don't have the same criteria for adults, but we have those criteria for juveniles.
0:49:47
That's critical.
0:49:48
And then also, when it comes to juveniles, we're talking about in in the interrogation context.
0:49:56
Our officers are are our detectives are required to make best efforts to contact parents, legal guardian, and they to do basically everything in their power, reasonably so, to to have a parent or or a guardian present.
0:50:11
And our policy says that if you have a parent or guardian present and they say that that the DNA is not to be taken from that juvenile, that's it.
0:50:23
We're not allowed to take it.
0:50:24
Even if the juvenile says, fine.
0:50:26
You can you can imagine a situation in which a 17 year old says, yeah, I'm fine with this.
0:50:30
If the parent or guardian says no, it's no.
0:50:34
So we we do have very different rules.
0:50:36
And and I should I should add, chair Islam, there are also a host of other rules when it comes to juvenile interrogations more broadly, how they're conducted, rules in terms of recording and the rumen with there are lots of other things, but I think that's the answer to your question in terms of DNA samples.