DNA Databases Ethical Issues and Legal Implications Large

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?