Forensic DNA databases–Ethical and legal standards: A global review

PCR in Forensic Science: A Critical Review

The polymerase chain reaction (PCR) has played a fundamental role in our understanding of the world, and has applications across a broad range of disciplines. The introduction of PCR into forensic science marked the beginning of a new era of DNA profiling. This era has pushed PCR to its limits and allowed genetic data to be generated from trace DNA. Trace samples contain very small amounts of degraded DNA associated with inhibitory compounds and ions. Despite significant development in the PCR process since it was first introduced, the challenges of profiling inhibited and degraded samples remain. This review examines the evolution of the PCR from its inception in the 1980s, through to its current application in forensic science. The driving factors behind PCR evolution for DNA profiling are discussed along with a critical comparison of cycling conditions used in commercial PCR kits. Newer PCR methods that are currently used in forensic practice and beyond are examined, and possible future directions of PCR for DNA profiling are evaluated.

Exploring the ethical dimensions in forensic entomology: From codes of conduct to professional accountability

This article investigates a critical part of professional careers: adhering to a code of ethics that defines proper behavior within the context of one's specialized practice. It aims to improve the setting of forensic entomology work by highlighting the ethical issues that frequently emerge. The primary goal is to uncover common ethical issues involved in this field's everyday activities and provide informed advice on appropriate resolution options. This investigation dives into the complex interaction of religious beliefs, cultural aspects, and issues of ethics, evaluating their relevance in forensic entomology. It examines a wide range of ethical issues, from the ethics involved in collecting samples at crime scenes and morguesto the ethics created into scientific investigations, report writing, and court testimony. These guiding principles are critical in setting scientific standards and building public trust in forensic entomology's ability to provide exceptional services. Notably, regardless of whether the forensic entomology service provider is accredited by any validating organization, these ethical requirements remain critical, emphasizing their global application.

Managing large volume data sets in the process of identifying missing persons: Contributions from the International Commission on Missing Persons

The process of locating and identifying missing persons presents a complex challenge that hinges on the collection and comparison of diverse data sets. This commentary offers an overview of some of the difficulties and considerations associated with data management in the context of large-scale missing person identifications. Such complexities include the uniqueness of each disaster event, the response time to the event, the variable quality and quantity of data, and the involvement of numerous stakeholders, all of which contribute to the intricacies of data management. In addition, the paramount considerations of privacy and ethical standards further compound these challenges, especially when dealing with sensitive information such as genetic data. This commentary describes the integrated Data Management System (iDMS) developed by the International Commission on Missing Persons (ICMP) as one example of a comprehensive, freely available solution for data collection, storage, protection, and analysis in missing person cases. The various advantages of the system are discussed, including the system's interoperability among the diverse array of stakeholders involved. While the iDMS streamlines data management processes and therefore represents a significant advancement in the field of missing person identification, it is concluded that the pending issue extends beyond the software tools to encompass the lack of political will among stakeholders to collaborate there remains a pressing need for all stakeholders involved in the identification process to commit to a mechanism that facilitates compatibility and interoperability if different tools are used in disaster victim identification (DVI) scenarios.

Impact of DNA evidence in criminal justice system: Indian legislative perspectives

Background

The scientific and technological advances along with the changing socio-economical standards of society have posed new challenges to the criminal justice system. With the changes in society and technology, there is also an increase in crime rate. Forensics provides the scientific proofs beyond the shadow of reasonable doubt and thus significantly contributes in criminal as well as civil investigations and legal matters.

Main body of the abstract

Discovery of DNA has opened new avenues and the advancement of DNA technology and its introduction into the court of law has provided extensive aid in the resolution of civil and criminal disputes. In India, the DNA technology was first introduced in a paternity dispute in 1989. However, the need for legislation and guidelines to support grounds for the use of DNA profiling for forensic purposes in India has been recognized for some time now. In July 2019, the DNA Technology (Use and Application) Bill 2019 was introduced in the Indian parliament.

Short conclusion

Herein, this article is focused on the current aspects of DNA based evidence in the Indian Criminal Justice system along with the associated issues, highlighting the need for specific DNA based legislation.

Development of the first DNA database and identification portal for identification of Unidentified bodies in India - UMID

Identifying missing persons and unidentified dead bodies is a well-documented global problem in recent years. To curb this issue, countries such as the USA, UK, and Australia already have well-established DNA databases. Considering the alarming number of unidentified/unclaimed dead bodies reported in India every year, it is evident that the current practices are not sufficient to establish their identities. Forensic medicine professionals are ethically, morally, and dutybound to collect information about missing and unidentified persons and work with the government agencies to determine their identity. Concerning the social and public interest, we have developed the first-ever identification portal and DNA database of unidentified dead bodies autopsied at the Department of Forensic Medicine and Toxicology, AIIMS, New Delhi, India. After the investigation officer's informed consent, biological samples from unidentified dead bodies and a detailed phenotypic description, anthropological data and other visual characteristics of the deceased are recorded at the time of autopsy. This information is uploaded on our database which is available for public access, and the genotypic information generated through STR analysis is only available for internal usage.Claimants (biological relatives) may browse through the URL (https://umid-aiims.icmr.org.in/), and if they wish to claim an unidentified dead body, they may approach as per the given guidelines. The DNA profiles generated include a total of 16 STRs (15 autosomal tetranucleotide microsatellite STRs and 1 Sex Chromosome Specific STR). The claimant's STR profile is run through the questioned database to look for a potential match. If positive, the investigating officer of that particular case is informed for further necessary action. Until December 2020, our database consisted the information of 255 individuals and two unidentified cadavers were identified. This project's success can also lead to a pioneering National DNA database of unidentified and missing persons in India.

Establishment of a national DNA database in the Republic of Serbia: Legal aspects and implications for the future

Forensic DNA databases have been established in the vast majority of European countries and represent an essential personal identification instrument in the criminal justice system. The implementation of suitable legislation and accompanying legal practice is an imperative to ensure sensible use of the DNA repository, without interfering with the rights, freedoms and privacy of individuals and their families. Thus, the complex matter of DNA databank effectiveness and intrusiveness is a delicate balancing act, which has resulted in diverse database governing regimes among different countries. In 2018, the National Assembly of the Republic of Serbia passed the first Law on the National DNA Register, which was created by the Ministry of Interior. This short and imprecise regulation was announced without prior consultation with professional stakeholders or the public, resulting in controversy. In this article, we examine essential questions pertinent to launching a forensic DNA database through the lens of the new Law on the National DNA Register in the Republic of Serbia and in comparison to the other European approaches and guidelines to regulating forensic DNA repositories. We further discuss the resulting legal, social and ethical implications and concerns and propose future actions intended to improve the legal framework. We believe that stimulating such discussions throughout the scientific and professional community will result in the advancement of DNA profiling and databasing in a future European Union member state and, more generally, the manner in which biological data are managed in various countries, particularly those that are developing.

The development of forensic DNA analysis: New debates on the issue of fundamental human rights

Before the advent of forensic DNA profiling, forensic techniques such as fingerprint examination and blood type comparison were used in the identification of suspects. DNA profiling has since become the gold standard of forensic science, and forensic DNA analysis techniques continue to evolve. Recent developments such as familial searching and phenotyping have raised ethical questions and concerns reflecting those expressed in the late 1980s when forensic DNA analysis was first introduced. At that time, attempts to use DNA evidence in criminal trials were met with challenges to its evidential value and admissibility. A common concern was whether the probative value of the evidence would outweigh its potentially prejudicial effect. This gave rise to a complex three-way debate, which revolved around first, the admissibility of the scientific principles in criminal courts; second, the scientific process involved in analysing DNA samples; and third, the impact that forensic DNA analysis may have on fundamental human rights. Ultimately, debates about the scientific process and the admissibility of such evidence in criminal trials overshadowed the debate about potential infringements of fundamental human rights. This resulted in a lack of critical discussion around the erosion of civil liberties through the use of scientific technologies. This paper revisits the early debates on the development of forensic DNA analysis. It draws parallels with current developments and analyses the potential for current and future human rights infringements, highlighting that the libertarian model offers a necessary counterbalance to the other arguments, due to its concern for maintaining fundamental rights.

Forensic science in Seychelles: An example of a micro-jurisdiction forensic delivery system

Forensic science has become an indispensable tool for even the smallest of jurisdictions. However, micro-jurisdictions often face significant challenges with respect to resource availability, administration and local governance. This paper examines the forensic service provision in Seychelles as an example of a micro-jurisdiction forensic delivery system. The impact of limited resources and remote access to consumables or services have prompted the prospective shift to localise commonly utilised forensic services. The potential for a solid foundation for a sustainable forensic service is examined in relation to jurisdictions with more advanced forensic service delivery. Reforms of the legal framework, administration, and governance structures are some of the key underpinnings for an effective forensic delivery system built on a culture of transparent science that promotes justice and creates public confidence.

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The Seychelles as an example of a micro-jurisdiction forensic delivery system.

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Geographically remote location brings challenges to sustainable service provision.

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Current investment into capacity building of commonly utilised forensic services.

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Innovative solutions required for effective and efficient forensic delivery system.

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Transparent science culture needed to promote justice and create public confidence.

Assessment of QIAGEN™ Investigator® 24plex GO! kit workflow for autosomal STR profiling of forensic reference samples

Background

DNA profiling has proven to be a valuable technique for identification of individuals in crime. Currently, the technique targets several short tandem repeat (STR) regions in human genome. However, increasing number of samples submitted for STR analysis may lead to delays due to the limited number of experienced analysts who might be available at any given moment and the time taken to complete lengthy DNA profiling procedures. This study was conducted to test the specificity, repeatability, reproducibility and robustness of Investigator® 24plex GO! kit for genotyping of reference samples submitted to the Royal Malaysian Police Forensic DNA Laboratory for DNA database.

Material and methods

In this study, Investigator® 24plex GO! kit was used to directly amplify STR loci from buccal swab cell of reference samples that had previously been STR typed using GlobalFiler™ Express kit. Capillary electrophoresis was carried out on a 3500xL Genetic Analyser using POP-4® Polymer. Amplified products were assigned to particular STR alleles using the GeneMapper ID-X version 1.4 software.

Results

Our study shows that STR profiles generated using Investigator® 24plex GO! gave concordance results with those previously obtained using the GlobalFiler™ Express kit. In addition, quality sensors included in the kit are of particular importance for determining the effectiveness of the PCR reaction and help to indicate the nature and quantity of DNA template for PCR amplification.

Conclusion

The Investigator® 24plex GO! kit is reliable for STR typing of reference samples.

Mitochondrial DNA in human identification: a review

Mitochondrial DNA (mtDNA) presents several characteristics useful for forensic studies, especially related to the lack of recombination, to a high copy number, and to matrilineal inheritance. mtDNA typing based on sequences of the control region or full genomic sequences analysis is used to analyze a variety of forensic samples such as old bones, teeth and hair, as well as other biological samples where the DNA content is low. Evaluation and reporting of the results requires careful consideration of biological issues as well as other issues such as nomenclature and reference population databases. In this work we review mitochondrial DNA profiling methods used for human identification and present their use in the main cases of humanidentification focusing on the most relevant issues for forensics.

The Prüm Decisions as an Aspirational regime: Reviewing a Decade of Cross-Border Exchange and Comparison of Forensic DNA Data

The automatic exchange and comparison of DNA data between national databases to combat terrorism and cross-border crime in the EU area has been facilitated by the 2008 Prüm Decisions. While it was anticipated that all EU Member States would have fulfilled the requirements by August 2011, this has not yet occurred. Once each Member State has implemented the Prüm Decisions, which is expected to occur by spring or summer 2019, the EU Commission is planning on submitting a legislative proposal to amend the Prüm Decisions, possibly broadening its scope both in terms of types of data exchanged and the number of countries involved. Therefore, it is a timely place to review the available literature on the existing data on the cross-border exchange and comparison of DNA. However, due to the limited amount of available data regarding the Prüm regime's contribution to combating crime and terrorism, this article reviews national DNA databases' contribution to national criminal justice systems before it turns to the Prüm regime. Outlining how Prüm represents an "aspirational regime" focused on a secure and safe future, we draft recommendations directed towards rendering cross-border exchange of DNA data more transparent and accountable.

The effectiveness of the UK national DNA database

Since the emergence of forensic DNA profiling and the corollary creation of DNA databases, efforts to maximise the efficiency and utility of DNA technology have intensified. Such efforts are expedient given the imperative that expenditure on DNA should be cost-effective and the benefits demonstrable. The practice of retaining DNA profiles in databases, either obtained from individuals involved in criminal investigations, or retrieved from suspected crime scenes, has spread globally. The UK's National DNA Database (NDNAD), created in 1995, is both one of the longest established, and biggest of such forensic DNA databases internationally. As such, it is instructive to look at whether there is evidence to demonstrate the effectiveness of this DNA database. This paper thus examines efforts to gauge the effectiveness of forensic DNA databases, concluding that while the UK NDNAD may have led directly to convictions in high profile crimes, its broader impact upon public security goals remains elusive.

The UK National DNA Database: Implementation of the Protection of Freedoms Act 2012

In 2008, the European Court of Human Rights, in S and Marper v the United Kingdom, ruled that a retention regime that permits the indefinite retention of DNA records of both convicted and non-convicted ("innocent") individuals is disproportionate. The court noted that there was inadequate evidence to justify the retention of DNA records of the innocent. Since the Marper ruling, the laws governing the taking, use, and retention of forensic DNA in England and Wales have changed with the enactment of the Protection of Freedoms Act 2012 (PoFA). This Act, put briefly, permits the indefinite retention of DNA profiles of most convicted individuals and temporal retention for some first-time convicted minors and innocent individuals on the National DNA Database (NDNAD). The PoFA regime was implemented in October 2013. This paper examines ten post-implementation reports of the NDNAD Strategy Board (3), the NDNAD Ethics Group (3) and the Office of the Biometrics Commissioner (OBC) (4). Overall, the reports highlight a considerable improvement in the performance of the database, with a current match rate of 63.3%. Further, the new regime has strengthened the genetic privacy protection of UK citizens. The OBC reports detail implementation challenges ranging from technical, legal and procedural issues to sufficient understanding of the requirements of PoFA by police forces. Risks highlighted in these reports include the deletion of some "retainable" profiles, which could potentially lead to future crimes going undetected. A further risk is the illegal retention of some profiles from innocent individuals, which may lead to privacy issues and legal challenges. In conclusion, the PoFA regime appears to be working well, however, critical research is still needed to evaluate its overall efficacy compared to other retention regimes.

Ethical issues across different fields of forensic science

Many commentators have acknowledged the fact that the usual courtroom maxim to “tell the truth, the whole truth, and nothing but the truth” is not so easy to apply in practicality. In any given situation, what does the whole truth include? In case, the whole truth includes all the possible alternatives for a given situation, what should a forensic expert witness do when an important question is not asked by the prosecutor? Does the obligation to tell the whole truth mean that all possible, all probable, all reasonably probable, all highly probable, or only the most probable alternatives must be given in response to a question? In this paper, an attempt has been made to review the various ethical issues in different fields of forensic science, forensic psychology, and forensic DNA databases. Some of the ethical issues are common to all fields whereas some are field specific. These ethical issues are mandatory for ensuring high levels of reliability and credibility of forensic scientists.

Patterns of exchange of forensic DNA data in the European Union through the Prüm system

This paper presents a study of the 5-year operation (2011–2015) of the transnational exchange of forensic DNA data between Member States of the European Union (EU) for the purpose of combating cross-border crime and terrorism within the so-called Prüm system. This first systematisation of the full official statistical dataset provides an overall assessment of the match figures and patterns of operation of the Prüm system for DNA exchange. These figures and patterns are analysed in terms of the differentiated contributions by participating EU Member States. The data suggest a trend for West and Central European countries to concentrate the majority of Prüm matches, while DNA databases of Eastern European countries tend to contribute with profiles of people that match stains in other countries. In view of the necessary transparency and accountability of the Prüm system, more extensive and informative statistics would be an important contribution to the assessment of its functioning and societal benefits.

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Analysis of a full dataset of 5 year statistics of the Prüm exchange of DNA data

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Total match volume and several comparative ratios are examined.

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Higher volume of reported DNA matches concentrates in West and Central European countries.

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Argument for the need of extensive and informative statistics on Prüm DNA exchange