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American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy

American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy School of Government Chris Asplen Smith Alling Lane. The National Commission on the Future of DNA Evidence Genesis: Postconviction DNA Applications Mission:

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American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy

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  1. American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy School of Government Chris Asplen Smith Alling Lane

  2. The National Commission on the Future of DNA Evidence Genesis: Postconviction DNA Applications Mission: To Maximize the Effectiveness of DNA Technology in the Criminal Justice System

  3. The National Commission on the Future of DNA Evidence • Working Group Structure: • Postconviction • Law Enforcement Training and Education • Laboratory Funding • Science and Technology • Legal Issues

  4. The National Commission on the Future of DNA Evidence • Summary of Accomplishments / Failures • Postconviction • Recommendations • Model legislation • Law Enforcement Training and Education • Pamphlet • CD Roms

  5. The National Commission on the Future of DNA Evidence • Summary of Accomplishments / Failures • Laboratory Funding • Attention to backlog issue • Failed to adequately address Lab Capacity • Science and Technology • Formal report

  6. The National Commission on the Future of DNA Evidence • Summary of Accomplishments / Failures • Legal Issues • Formal Advice to Attorney General • Failed to Formalize recommendations

  7. The National Commission on the Future of DNA Evidence • Impact on Policy: • Provided a forum to highlight Issues • Postconviction • Laboratory backlog • Arrestee testing

  8. The National Commission on the Future of DNA Evidence • Impact on Policy: • Provided a Mechanism to produce resources • Funding source for publications • Source of expertise

  9. International Experience United Kingdom : Goal: “To database the entire criminal justice population” Application: It was never a system based on convicted offenders but rather on suspects. ALL profiles are retained (even of the exonerated)

  10. International Experience • Europe: • Offender sample collection approaches: • Specific enumerated offenses • General classes of offenders • Length of potential sentence • Suspects • Suspects (if DNA used) • Convicted offenders • Convicted offenders (if DNA used)

  11. Legal Framework for International Data Sharing Only voluntary Many Countries specifically prohibit the international exchange of DNA data

  12. Casplen@smithallinglane.com

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