Dangerous excursions: the case against expanding forensic DNA databases to innocent persons

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.

Pedigrees and Perpetrators: Uses of DNA and Genealogy in Forensic Investigations

In the past few years, cases with DNA evidence that could not be solved with direct matches in DNA databases have benefited from comparing single-nucleotide polymorphism data with private and public genomic databases. Using a combination of genome comparisons and traditional genealogical research, investigators can triangulate distant relatives to the contributor of DNA data from a crime scene, ultimately identifying perpetrators of violent crimes. This approach has also been successful in identifying unknown deceased persons and perpetrators of lesser crimes. Such advances are bringing into focus ethical questions on how much access to DNA databases should be granted to law enforcement and how best to empower public genome contributors with control over their data. The necessary policies will take time to develop but can be informed by reflection on the familial searching policies developed for searches of the federal DNA database and considerations of the anonymity and privacy interests of civilians.

The missing, the martyred and the disappeared: Global networks, technical intensification and the end of human rights genetics

In 1984, a group of Argentine students, trained by US academics, formed the Argentine Forensic Anthropology Team to apply the latest scientific techniques to the excavation of mass graves and identification of the dead, and to work toward transitional justice. This inaugurated a new era in global forensic science, as groups of scientists in the Global South worked outside of and often against local governments to document war crimes in post-conflict settings. After 2001, however, with the inauguration of the war on terror following the September 11^th attacks on the World Trade Center in New York, global forensic science was again remade through US and European investment to increase preparedness in the face of potential terrorist attacks. In this paper, I trace this shift from human rights to humanitarian forensics through a focus on three moments in the history of post-conflict identification science. Through a close attention to the material semiotic networks of forensic science in post-conflict settings, I examine the shifting ground between non-governmental human rights forensics and an emerging security- and disaster-focused identification grounded in global law enforcement. I argue that these transformations are aligned with a scientific shift towards mechanized, routinized, and corporate-owned DNA identification and a legal privileging of the right to truth circumscribed by narrow articulations of kinship and the body.

Adolescents with substance use disorder and assent/consent: Empirical data on understanding biobank risks in genomic research

OBJECTIVE

This study assessed whether a customized disclosure form increases understanding for adolescents with substance use disorder (SUD) when compared to a standard disclosure for genomic addiction research.

METHOD

We gathered empirical data from adolescents with SUD, family members, former patients followed since adolescence, and community counterparts. The study was conducted in four stages. Stage 1: national experts (n=32) identified current, future, speculative risks of broadly shared biobanks. Stage 2 assessed participants' (n=181) understanding of current risks as a prerequisite for rating saliency of risks via a Visual Analog Scale. Salient risks were incorporated into a customized disclosure form. Stage 3 compared the understanding of customized disclosure by participants (n=165) at baseline; all groups scored comparably. Stage 4 conducted a direct comparison of the standard disclosure to standard disclosure plus customized disclosure (n=195). Independent t-tests compared understanding in those receiving the standard disclosure to standard disclosure plus customized disclosure within 6 groups.

RESULTS

The customized disclosure significantly improved understanding in adolescent patients (p=0.002) and parents of patients (p=0.006) to the level of their counterparts. The customized disclosure also significantly improved understanding in siblings of former patients (p=0.034). Understanding of standard disclosure in patients versus controls was significantly different (p=0.005). The groups receiving the customized disclosure scored significantly higher. Understanding of the standard disclosure plus customized disclosure in patients versus controls was not significantly different.

CONCLUSION

Adolescents with addictions understand the risks of participating in genomic addiction research as well as their community counterparts when information provided is salient to them.

Forensic DNA databases in European countries: is size linked to performance?

The political and financial investments in the implementation of forensic DNA databases and the ethical issues related to their use and expansion justify inquiries into their performance and general utility. The main function of a forensic DNA database is to produce matches between individuals and crime scene stains, which requires a constant input of individual profiles and crime scene stains. This is conditioned, among other factors, by the legislation, namely the criteria for inclusion of profiles and the periods of time and conditions for their retention and/or deletion. This article aims to provide an overview of the different legislative models for DNA databasing in Europe and ponder if wider inclusion criteria – and, consequently, database size – translates into more matches between profiles of crime scene stains and included individuals (performance ratio). The legislation governing forensic DNA databases in 22 countries in the European Union was analysed in order to propose a typology of two major groups of legislative criteria for inclusion/retention of profiles that can be classified as having either expansive effects or restrictive effects. We argue that expansive criteria for inclusion and retention of profiles do not necessarily translate into significant gains in output performance.

DNA behind bars: other ways of knowing forensic DNA technologies

This paper explores 'other' ways of knowing DNA in the field of criminal investigation. Drawing upon 26 in-depth interviews with prisoners in Austria, it illustrates how this group knows and conceptualizes DNA traces and forensic DNA technologies. These understandings and conceptualizations are both nuanced and ambiguous. While on the one hand, DNA traces and forensic DNA technologies were not treated as categorically different from other types of traces and technologies in the prisoners' accounts, they were seen as 'unique' in one respect: respondents experienced DNA traces as beyond their control because they were virtually impossible to avoid (in contrast to, for example, fingerprints). Furthermore, the scientific rigour that our interviewees assumed to underpin forensic DNA technologies rendered these technologies as impenetrable and intimidating, and as effectively challenging many offenders' expert knowledge on how to manage crime scenes and avoid convictions. Finally, due to coming 'from the inside' of the body, forensic DNA technologies were seen as 'deepening' the stigma of delinquency in many of our interviewees' bodies and selves. For our interviewees, forensic DNA technologies assumed the role of institutionalized memories of their delinquency.