I haven’t really touched on this subject, the whole “innocent till proven guilty” thing. Do not want to go off uncocked like the Defeatocrats. But, the investigation into what happened at Duke is getting very serious (as it should)
Duke University announced at a press conference this evening that the university’s lacrosse team will not participate in competition until DNA tests the team’s captains say will vindicate the players are complete.
Police are investigating allegations that three teammates beat, strangled, raped and sodomized an exotic dancer at a party, held march 13 in a house rented by three of the team’s captains. DNA material was collected Thursday from 46 of the team’s 47 players as part of the investigation.
Duke President Richard H. Brodhead said the captains of the teams notified him and Director of Athletics Joe Alleva that the team wished to suspend competition until the DNA results come back. “In a slight modification, I have decided that future games should be suspended until there is a clearer resolution of the legal situation,†Brodhead said.
While what may have happened is despicable, I just have to wonder one thing: in terms of DNA testing, where does the 5th Amendment come in to play?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Wouldn’t being forced to give DNA samples be considered being compelled to be a witness against oneself, at least in a criminal case?
Will the ACLU get involved? Oh, wait, they like criminals, as Stop the ACLU tells us.
