DNA Databases

1. DNA Databases Ethical Issues and Legal Implications

2. 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

3. 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

4. Issues raised • Constitutionality of collecting genetic materials: Fourth Amendment prohibitions against ‘‘unreasonable searches and seizures’’ • Ethics of such activities • Privacyconcerns 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

5. 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

6. 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)

7. 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

8. 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

9. 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

10. 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

11. 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”

12. 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

13. 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

14. 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?