Spit and Acquit

Nickname for an Orange County program under which defendants charged with minor crimes are released in exchange for providing a DNA sample.

Reporting from Santa Ana, California, The Associated Press said:

Defendants charged with low-level drug offenses under existing statutes can have their charges dismissed if they participate in drug treatment programs or undergo court supervision. But under the district attorney’s program, felony drug defendants can go free after arraignment if they agree to provide a DNA sample, without completing any drug treatment or supervision.

The A.P. noted that

dismissed charges have included drug felonies such as simple possession of heroin or cocaine and possession of methamphetamine and low-level misdemeanors, such as petty theft and driving with a suspended license.

And said:

Some judges and defense attorneys worry that the program - dubbed “spit and acquit” by its critics - could lead to abuses of power, undermine the privacy rights of defendants and affect public safety.

However, those in favor of the program argue that spit and acquit might reduce prison overcrowding and free-up resources for the prosecution of more serious crimes. It has also been suggested that individuals may be deterred from committing crimes in the future if they know their DNA is on record.