DNA Evidence, Social Issues
The use of DNA evidence is a controversial issue from a social and ethical viewpoint. Although the techniques are widely understood by scientists and criminal investigators, the public in general does not have a deep understanding of the technology. Gone are the days of heated interrogations resulting in guilt or innocence and basic crime scene evidence. Investigations are now much more complex, using DNA evidence and trace samples. DNA databasing as an investigative tool is new (late 1990's), and the actual techniques of molecular biology are fairly recent (late 1970's). Thus, the vast majority of the population has yet to receive education on these topics. Uncertainty accompanies this lack of understanding, which can also be fuelled by sensationalism in news stories and coverage of trials where DNA evidence is utilized.
As with any new technology, a certain amount of speculation accompanies DNA profiling and databasing. Many people are concerned it is a fine line between developing a DNA database and violating civil liberties. DNA contains a wealth of information about not only an individual, but also can give information about family and ethnic background. Inappropriate use of DNA profiles in databases could lead to discrimination, so the proper degree of protection of the databases is essential.
There are two types of forensic DNA databases: the convicted offender database and the crime scene database. The convicted offender database is a log of STR (short tandem repeat) profiles. STR profiles utilize variability in the number of repeats at a given locus to differentiate among individuals. There are three major forensic DNA databases of individuals convicted of a crime: CODIS (Combined DNA Indexing System), which is maintained by the United States Federal Bureau of Investigation; the ENFSI (European Network of Forensic Science Institutes) DNA database; and the ISSOL (Interpol Standard Set of Loci) database maintained by Interpol. The type of offenses for which DNA is stored differs among countries and states. Initially, these databases contained only samples from violent offenders, those convicted of aggravated assault, rape, or murder. However, the value of obtaining DNA from offenders of less severe crimes has been recognized, as many small time criminals become repeat offenders and also more violent offenders. The power of a large bank of DNA samples extends to the possibility of it acting as a deterrent. A match of DNA evidence from a crime scene (which would then be logged in the crime scene database) to one in the convicted offender database rapidly solves the crime, saving time, effort, and money. Conversely, the use of DNA evidence can immediately prove a suspect's innocence.
There are groups of people fervently opposed to DNA profiling for ethical and social reasons. Now that the complete human genome is sequenced, population genetics and other studies are ongoing that have linked genes to phenotypes, predisposition to disease, and predicted response to drug therapy. Should research establish a link between a particular genotype specific to offenders or violent criminals, this could potentially be used to profile potential criminals. In a world where one is guilty until proven innocent, what is the consequence of possessing a genetic profile suggesting that you may one day commit a crime? In society, this individual could potentially be convicted of a crime that he has never even committed. Thus, the opponents of DNA profiling argue, the use of databases to profile individuals for behavior types such as sex offender or violent criminal could affect human rights and civil liberties.
The potential for the criminal justice system to become more genetics-based is another concern. STR loci are based on non-coding sections of the human genome. There are several reasons for this; these regions of the genome tend to be highly variable and thus differ considerably among individuals. The result is a near impossible probability that when all STR loci are taken into account that the profile could belong to more that one human being. Secondly, by using non-coding regions, the STR profiles are not linked to any phenotype or human trait. However, if the genotype of other loci are utilized for analysis additional to STR database uses, it is possible that genetic-based profiling could occur.
Civil rights advocates are concerned that the DNA databases could one day be extended beyond that of criminal offenders to the point where genetic analysis or profiling could be used in a discriminatory manner. It is their intent to protect what exists currently in databases to ensure the DNA is not exploited in any manner that is unethical or violates human rights.
The cause for concern here is the fact that although STR profiles only are logged into the DNA database, be it CODIS, ENFSI, or ISSOL, if the sample is stored, it does include all other genetic information on that individual. Additionally, data obtained from a crime scene that would be entered into the crime scene database could first be utilized to provide a profile of the assailant. For example, DNA evidence
left at the scene of a crime may not match any suspect in the criminal database. However, this DNA could potentially be used to obtain the person's sex, height, hair, and eye color and other such traits that may allow the police to generate a physical profile of the perpetrator. Thus, anyone matching this profile could become a potential suspect.
Further analysis of the STR profile via a DNA sample provided by a person under suspicion would easily rule that individual out if he was indeed innocent. However, this too, generates questions of human rights, as although the person is shown to be innocent, any negative consequences or publicity surrounding the investigation could be shown to violate that individual's human rights. Proponents of using genetics to generate a profile of the felon argue that constitutional rights are not violated as no particular group is singled out in such a profile. Furthermore, using such a method could actually decrease racial profiling, as disproportionate finger pointing toward a particular group would be avoided.
Legal implications are constantly considered in courts of law to assure adherence to the respective governing guidelines. In October 2004, President Bush signed into law the Justice for All Act. This law, part of the Advancing Justice Through DNA Technology Act of 2003, provides additional support for victims' rights, ensuring funding for victim's assistance programs. It also extends the DNA databases by providing funds to analyze samples in backlog and sets guidelines for the use of DNA testing post conviction for those who maintain their innocence. The Innocence Protection Act is part of the Advancing Justice Through DNA Technology Act of 2003 (HR 3214/S 1700), and is a United States Government initiative to utilize DNA and forensic evidence to prove the innocence of those wrongly convicted of a crime. It allows convicted individuals access to DNA evidence in order to demonstrate their innocence. Numerous people convicted of crimes, including some on death row, have been exonerated based on DNA evidence that either wasn't available or did not exist as an admissible courtroom technology at their time of conviction.
In Europe, Article 8 of the European Convention of Human Rights defines guidelines for the protection of individual rights. The use of forensic DNA databases has come into question under this law, but the proper use of DNA databases was shown not to be in violation. As the value of using forensic DNA databases across borders is realized, especially across Europe, human rights discussions become even more complex. Although most all European countries are governed by the European Convention of Human Rights, each individual country has its own additional guidelines and regulations when it comes to privacy rights, confidentiality of genetic information, and crime scene investigation. In order to address these concerns on a European basis, several councils and agencies are devoted to these tasks; examples include the Council of Europe convention for the protection of human rights with regard to the application of biomedicine, the United Nations outline for an International Declaration on genetic data, and the European Data Protection Commission.
The diversity of countries across Europe requires consideration of many social and ethical topics regarding forensic DNA databases. Some European Union member countries do not currently have a DNA database in existence. Different opinions exist across Europe concerning which crimes warrant taking a DNA sample. In addition, some countries require consent first, while others do not; and the length of time samples may remain in the DNA databank may be different from country to country. The Interpol DNA Monitoring Expert Group is committed to the development of a consolidated forensic DNA database across Europe as well as internationally. Part of this initiative includes promoting awareness of social, privacy, and ethical issues.
Clearly, social and ethical issues regarding DNA evidence will continue to be a topic of debate. Through education, legislation, and proper use of DNA forensic technologies and databases, the use of DNA evidence will continue to convict the appropriate offender and demonstrate the innocence of others.
