Transcript DNA Databases - Fordham University

DNA Databases
Ethical Issues and
Legal Implications
• Large collections of DNA sample
and identifying profiles
– Used to solve crimes by matching
samples from convicted felons to
unsolved crimes
– Exonerate possible suspects
– Proving innocence of convicted felons
• When is genetic evidence from a
crime scene admissible at a trial?
When a state’s computerized DNA
database matches the crime scene
evidence with a DNA sample from a
prison inmate included in the
database
Issues raised
• Constitutionality of collecting genetic
materials: Fourth Amendment prohibitions
against ‘‘unreasonable searches and
seizures’’
• Ethics of such activities
• Privacy concerns and individual rights
• Balancing the benefits of genetic
information to society against the rights of
individuals to control and safeguard
information about themselves and prevent
its use for unintended purposes
• Fifth Amendment right not to act as a
‘‘witness against oneself’’
• Fourth Amendment right against
‘‘unreasonable searches and
seizures’’ requires the issuance of a
warrant and the presence of probable
cause before any search may be
conducted
Rights related to obtaining DNA
samples remain unclear
• Sensitive nature of DNA information
(Extraction, analysis, and storage of DNA
from prison inmates convicted of a sex
offense constituted a reasonable search
and seizure)
Risks of False Accusations
• If people are included in the database,
they have a greater chance of being
erroneously accused of a crime
• “DNA fingerprinting” far more invasive
– More information (heredity, susceptibilities)
– Information about close relatives
• Family rights should not be violated
– DNA information and third parties
DNA as property?
• Are DNA samples considered
“abandoned” property?
– ‘‘a giving up, a total desertion, and absolute
relinquishment of private goods by a former
owner.’’
• Rights of personal privacy and autonomy
– Cannot be bought / sold
– Due process
– Informed consent
Genetic Profiling
• Profiling to measure tendencies such as
thrill-seeking, aggressiveness, crimes with
threatening behavior
• Tendencies inherent in crimes (ex. Manic
depression)
• Insurance / Employer discrimination
Law and Policy
• No coherent policy against which to judge
whether, when, or how genetic testing should be
encouraged, facilitated, discouraged, or
prohibited
• Program to increase and improve use of DNA
testing in criminal justice system
– Shrink backlog of untested DNA samples (especially
sexual assault and murder)
– Efficiency of crime lab processing
– Research and development
– Training
– Cost of post-conviction testing
– Identifying human remains
Katz v. United States - 1967
• Operation of suspected multi-state
gambling ring by phone
• Phone booth “bugged” and recordings
introduced as evidence
• Violation of privacy?
• Conviction overturned – no warrant
“a reasonable expectation of privacy”
California v. Greenwood - 1988
• Narcotics trafficking
• Related items found in garbage bags
– Used to obtain warrant to search house
• Dismissed
– Warrantless trash searched violated Fourth
Amendment
• Reversed
– Fourth Amendment does not prohibit
warrentless search of garbage
Conclusions?
• Most DNA databanks serve important and
socially beneficial purposes
– Apprehending repeat offenders
– Identifying human remains
– Health decisions
• Policy needed to protect privacy and
confidentiality of genetic information
Right to privacy vs.
Goal of law enforcement
• Computer databases increase threat to
privacy with little control over how
information is used
• Should genetic samples be destroyed to
protect against inappropriate use?