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Genetics, crime and justice
As our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scientific understanding and considers some potential legal, ethical and sociological issues with the use of genetic information. The author draws together debates from scientists, ethicists, sociologists and lawyers in order to understand how the criminal justice system currently reacts, and ought to react, to the new challenges presented by genetic evidence. She asks the important question of where priorities should lie: whether with society's desire to be protected from crime, or with an individual's desire to be protected from an unwanted intrusion into his or her genome. Topics include rights of privacy and consent in obtaining DNA samples, evidentiary issues in court, the impact of genetic evidence on punishment theory and sentencing, and genetic discrimination. This book will be of use to criminal and medical law students, along with academics, practitioners and policymakers interested in exploring the various criminal law issues in relation to genetics. It will also be of interest to criminal justice, philosophy, ethics, sociology and psychology students and academics looking explore the legal issues involved in such a topic.-- Source other than Library of Congress.
Book
Genetic Witness
When DNA profiling was first introduced into the American legal system in 1987, it was heralded as a technology that would revolutionize law enforcement. As an investigative tool, it has lived up to much of this hype-it is regularly used to track down unknown criminals, put murderers and rapists behind bars, and exonerate the innocent.Yet, this promise took ten turbulent years to be fulfilled. In Genetic Witness, Jay D. Aronson uncovers the dramatic early history of DNA profiling that has been obscured by the technique's recent success. He demonstrates that robust quality control and quality assurance measures were initially nonexistent, interpretation of test results was based more on assumption than empirical evidence, and the technique was susceptible to error at every stage. Most of these issues came to light only through defense challenges to what prosecutors claimed to be an infallible technology. Although this process was fraught with controversy, inefficiency, and personal antagonism, the quality of DNA evidence improved dramatically as a result. Aronson argues, however, that the dream of a perfect identification technology remains unrealized.
eBook
DNA evidence: Current perspective and future challenges in India
•DNA fingerprinting has extensively been used in the court room for civil as well as criminal adjudication worldwide.•DNA evidence may be used only as corroborative evidence and not as a conclusive proof especially in criminal cases.•Indian courts are relying on DNA evidence both in civil and criminal matters but there is no legal regime on DNA profiling.•Since half a decade, India is attempting to legislate on DNA profiling; the bill is awaiting placement in the Parliament.•This article reviews the consequences of admissibility of DNA as ‘evidence’ in the judicial dominion in India.
Since the discovery of DNA fingerprinting technology in 1985 it has been used extensively as evidence in the court of law world-wide to establish the individual identity both in civil and criminal matters. In India, the first case of parentage dispute solved by the use of DNA fingerprinting technology was in 1989. Since then till date, the DNA technology has been used not only to resolve the cases of paternity and maternity disputes, but also for the establishment of individual identity in various criminal cases and for wildlife forensic identification. Since last half a decade, India is exercising to enact legislation on the use of DNA in the judicial realm and the draft ‘Human DNA Bill-2012’ is pending in the parliament. Largely, the promoters of forensic DNA testing have anticipated that DNA tests are nearly infallible and DNA technology could be the greatest single advance step in search for truth, conviction of the perpetrator, and acquittal of the innocent. The current article provides a comprehensive review on the status of DNA testing in India and elucidates the consequences of the admissibility of DNA as ‘evidence’ in the judicial dominion. In this backdrop of civil and criminal laws and changing ethical and societal attitudes, it is concluded that the DNA legislation in India and world-wide needs to be designed with utmost care.
Journal Article
Trends in forensic DNA database: transnational exchange of DNA data
The transnational exchange of forensic DNA data has become a modern trend in fighting cross-border crime, terrorism and illegal immigration. Forensic DNA data allow the police to identify, eliminate or link individuals associated with a crime. Additionally, different crime scenes can be linked via the DNA profile to identify serial offenders or determine crime patterns. Approaches to the transnational exchange of DNA data can be categorized into four: (1) creation of an international DNA database, (2) linked or networked national DNA databases, (3) request-based exchange of data, and (4) a combination of these. Most countries operate the combination system of data exchange. This paper briefly introduces the different approaches in the transnational sharing of forensic DNA data, the legislative and operational framework, pattern of data exchange and participating states, and policy challenges associated with data sharing. Generally, most DNA exchange systems are modelled as the European Union Prüm regime. This operates under two stages: hit/no-hit query and further information sharing. The scope of the data exchange is governed by individual national legislation that determines the type of information that can be shared and the national authority responsible for the system. Though DNA data exchange has been instrumental in resolving serious crimes such as gang and serial rape, and armed robbery, adequate information about their overall effectiveness and efficiency is lacking. Further, operational, legal and ethical challenges including issues of privacy and proportionality appear to limit the full potential of the DNA data exchange system.
Journal Article
Populations and genetics : legal and socio-ethical perspectives
Genetic research and testing is not limited to individuals and their families.Increasingly, there is focus on communities and even whole populations.This raises legal and socio-ethical and issues that have not been addressed.In this age of international biobanking involving populations, are current legal and ethical approaches sufficient?.
eBook
Hungarian legislation regarding implementing a forensic DNA elimination database
The inception of forensic DNA elimination database represents a pivotal advancement in forensic science, aiming to streamline the process of distinguishing between DNA found at crime scenes and that of individuals involved in the investigation process, such as law enforcement personnel and forensic lab staff. In subsequent phases, once familiarity with the database is achieved by its administrators and other stakeholders, and they have accrued sufficient experience, the possibility of expanding the database to encompass first responders—including firefighters, paramedics, emergency medical technicians, and other emergency services personnel—can be contemplated. Key challenges in managing these databases encompass the grounds for collecting samples, ensuring the integrity of both samples and profiles, along with the duration of retention, access to the database, and the protocols to follow when a match is found in the database. This paper outlines the conceptual and detailed legislative framework in Hungary, where the forensic DNA elimination database was introduced in 2022.
•Elimination DNA databases help exclude individuals with legitimate reasons for being at a crime scene by compiling their DNA profiles.•The utilization of the elimination database was introduced in Hungary on January 1, 2022; however, a systematic analysis of the regulation suggests improvements to the regulation.
Journal Article
Familial DNA analysis and criminal investigation: Usage, downsides and privacy concerns
•Familial DNA analysis is a valuable tool for criminal investigation.•Strict compliance is necessary for the implementation of familial DNA analysis.•Ethical, legal and privacy concerns limit the wide usage of familial DNA analysis.
Since the discovery of Deoxyribonucleic acid (DNA) capability in forensic investigation, it has been an important part of the criminal justice system. In most criminal cases DNA profile originating from evidence sample collected from the crime scene is compared with the DNA profile from the reference sample. However, when a reference sample is not available for comparison, familial DNA analysis can provide important investigation leads in a criminal investigation process by identifying an individual. Moreover, this analysis is also proving effective in the identification of ethnicity and ancestry of an individual. A number of different methodologies and software are being used for familial DNA analysis. This review describes the importance of familial DNA analysis, methodologies used for familial DNA searching and identification, and its advantages in forensic. Moreover, ethical, legal and social issues associated with familial DNA analysis have also been discussed along with future directions for the proper implementation of this technology.
Journal Article
Autopsy of a Crime Lab
This book exposes the dangerously imperfect forensic
evidence that we rely on for criminal convictions.
\"That's not my fingerprint, your honor,\" said the defendant,
after FBI experts reported a \"100-percent identification.\" They
were wrong. It is shocking how often they are. Autopsy of a
Crime Lab is the first book to catalog the sources of error
and the faulty science behind a range of well-known forensic
evidence, from fingerprints and firearms to forensic algorithms. In
this devastating forensic takedown, noted legal expert Brandon L.
Garrett poses the questions that should be asked in courtrooms
every day: Where are the studies that validate the basic premises
of widely accepted techniques such as fingerprinting? How can
experts testify with 100 percent certainty about a fingerprint,
when there is no such thing as a 100 percent match? Where is the
quality control in the laboratories and at the crime scenes? Should
we so readily adopt powerful new technologies like facial
recognition software and rapid DNA machines? And why have judges
been so reluctant to consider the weaknesses of so many
long-accepted methods?
Taking us into the lives of the wrongfully convicted or nearly
convicted, into crime labs rocked by scandal, and onto the front
lines of promising reform efforts driven by professionals and
researchers alike, Autopsy of a Crime Lab illustrates the
persistence and perniciousness of shaky science and its
well-meaning practitioners.
eBook
Law and policy oversight of familial searches in recreational genealogy databases
Specifically, searches in recreational databases affect a far greater number of innocent persons, and are conducted with no oversight or governance of any kind. By contrast, familial searches in government databases, while intrusive, rely on scientific methods that carry less of a threat to privacy, affect fewer people in sheer numbers, and are more likely to be governed by laws or policies that impose some safeguards for genetic privacy. This commentary addresses the interplay between these searches and the existing forensic DNA database system, and the ways in which genealogical searches implicate core social values.
Journal Article
The UK National DNA Database: Implementation of the Protection of Freedoms Act 2012
•Protection of Freedoms Act 2012 regime improves National DNA Database performance.•Protection of Freedoms Act 2012 strengthens genetic privacy protection of individuals.•Implementation challenges of PoFA leads to unlawful forensic DNA data retention/non-retention.
In 2008, the European Court of Human Rights, in S and Marper v the United Kingdom, ruled that a retention regime that permits the indefinite retention of DNA records of both convicted and non-convicted (“innocent”) individuals is disproportionate. The court noted that there was inadequate evidence to justify the retention of DNA records of the innocent. Since the Marper ruling, the laws governing the taking, use, and retention of forensic DNA in England and Wales have changed with the enactment of the Protection of Freedoms Act 2012 (PoFA). This Act, put briefly, permits the indefinite retention of DNA profiles of most convicted individuals and temporal retention for some first-time convicted minors and innocent individuals on the National DNA Database (NDNAD). The PoFA regime was implemented in October 2013. This paper examines ten post-implementation reports of the NDNAD Strategy Board (3), the NDNAD Ethics Group (3) and the Office of the Biometrics Commissioner (OBC) (4). Overall, the reports highlight a considerable improvement in the performance of the database, with a current match rate of 63.3%. Further, the new regime has strengthened the genetic privacy protection of UK citizens. The OBC reports detail implementation challenges ranging from technical, legal and procedural issues to sufficient understanding of the requirements of PoFA by police forces. Risks highlighted in these reports include the deletion of some “retainable” profiles, which could potentially lead to future crimes going undetected. A further risk is the illegal retention of some profiles from innocent individuals, which may lead to privacy issues and legal challenges. In conclusion, the PoFA regime appears to be working well, however, critical research is still needed to evaluate its overall efficacy compared to other retention regimes.
Journal Article