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

The Evolution of Forensic Genomics: Regulating Massively Parallel Sequencing

Forensic genomics now enables law enforcement agencies to undertake rapid and detailed analysis of suspect samples using a technique known as massively parallel sequencing (MPS), including information such as physical traits, biological ancestry, and medical conditions. This article discusses the implications of MPS and provides ethical analysis, drawing on the concept of joint rights applicable to genomic data, and the concept of collective moral responsibility (understood as joint moral responsibility) that are applicable to law enforcement investigations that utilize genomic data. The widespread and unconstrained use of this technology without appropriate legal protections of individual moral rights and associated accountability mechanisms, could potentially not only involve violations of individual moral rights but also lead to an unacceptable shift in the balance of power between governments and the citizenry. We argue that in light of the rights of victims and the security benefits for society, there is a collective moral responsibility for individuals to submit their DNA to law enforcement and for MPS to be used where other, less invasive techniques are not effective. However, this application should be limited by legislation, including that any data obtained should be directly relevant to the investigation and should be destroyed at the conclusion of the investigation.

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.

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.

PFSA DNA database: A tool to hunt the serial offenders

A forensic DNA database comprises of thousands of DNA profiles generated from suspects, convicts or even from common people from society. It is used for the cross-matching of DNA profiles obtained from evidence items collected from a crime scene. These databases are playing a core role in clearing the innocent and solving the dead-end unresolved crimes ultimately leading to crime reduction. In March, 2017, a nine years old minor girl was raped in district Khushab (Province Punjab). The medico-legal examiner indicated brutal sexual violence on the victim. Police apprehended a suspect who was excluded as the source of foreign male DNA from tested evidence items. Thus the case put up a question mark on the capabilities and efficiency of the police. An unknown male DNA profile obtained from evidence items was uploaded to PFSA DNA Database to maintain record. Later on, a suspect was arrested by Karachi (Province Sindh) police in another rape case, DNA profile of suspect was searched in the PFSA DNA Database. This generated DNA profile matched with the foreign DNA profile obtained from evidence items of minor victim, hence this atrocious crime was resolved. PFSA DNA Database provides support to criminal prosecution and also leads to identify potential suspects. It took years of effort to develop the rich PFSA DNA Database which subsequently proved to be fruitful in the exoneration of innocents and conviction of offenders in criminal cases.

What influences public views on forensic DNA testing in the criminal field? A scoping review of quantitative evidence

BACKGROUND

Forensic DNA testing is a powerful tool used to identify, convict, and exonerate individuals charged of criminal offenses, but there are different views on its benefits and risks. Knowledge about public views on forensic DNA testing applied in the criminal field is socially valuable to practitioners and policymakers. This paper aims to synthesize quantitative evidence about the factors that influence public views on forensic DNA testing in the criminal field. Based on a systematic search conducted in January 2019, a scoping review was performed, targeting studies presenting original empirical data that were indexed in Web of Science and PubMed. The two authors performed eligibility and data extraction.

RESULTS

The 11 studies were conducted mainly in European countries (Italy, Portugal, Serbia, Spain, Switzerland) and the remaining derived from the USA and New Zealand. Non-representative samples were mostly used to explore the benefits and risks of criminal DNA databases, criteria for insertion and retention of DNA samples and profiles, knowledge, willingness to donate a DNA sample, and custody. The value of forensic DNA databases in protecting society from crime was emphasized. Concerns about improper access to forensic genetic data and risks to civil liberties associated with its uses were expressed. The scarce literature on Forensic DNA Phenotyping and familial searching revealed the same trend of positively valuing forensic DNA testing. Only factors related with socioeconomic position were assessed by more than two studies. Results suggested that public views on forensic DNA testing are influenced by the level of education, age, and exposure to law enforcement occupations although not in a straightforward manner.

CONCLUSION

Further empirical research should assess standardized factors related with social and structural levels (e.g., scientific literacy, public trust in the justice system and concerns about victimization or police activity) and be performed in different national jurisdictions to enable generalization and comparison of findings. It is needed to expand empirical studies on public views about the commercialization of forensic science and the use of recent controversial techniques and new transparency and accountability models.

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.

Trends in forensic DNA database: transnational exchange of DNA data

The transnational exchange of forensic DNA data has become a modern trend in fighting cross-border crime, terrorism and illegal immigration. Forensic DNA data allow the police to identify, eliminate or link individuals associated with a crime. Additionally, different crime scenes can be linked via the DNA profile to identify serial offenders or determine crime patterns. Approaches to the transnational exchange of DNA data can be categorized into four: (1) creation of an international DNA database, (2) linked or networked national DNA databases, (3) request-based exchange of data, and (4) a combination of these. Most countries operate the combination system of data exchange. This paper briefly introduces the different approaches in the transnational sharing of forensic DNA data, the legislative and operational framework, pattern of data exchange and participating states, and policy challenges associated with data sharing. Generally, most DNA exchange systems are modelled as the European Union Prüm regime. This operates under two stages: hit/no-hit query and further information sharing. The scope of the data exchange is governed by individual national legislation that determines the type of information that can be shared and the national authority responsible for the system. Though DNA data exchange has been instrumental in resolving serious crimes such as gang and serial rape, and armed robbery, adequate information about their overall effectiveness and efficiency is lacking. Further, operational, legal and ethical challenges including issues of privacy and proportionality appear to limit the full potential of the DNA data exchange system.

Forensic DNA retention: Public perspective studies in the United Kingdom and around the world

This review analysed public perspective studies on forensic DNA retention in the United Kingdom and around the world. The studies generally show strong public support for the long-term or indefinite retention of DNA from convicts and suspects. There is considerable support for the retention of DNA from all or some arrestees and potentially the entire population. This was predicated upon the belief that forensic DNA databases have crime-solving abilities, which the public rate highly. In the UK, it was found that the current Protection of Freedoms Act 2012 regime is broadly representative of the recommendations of the surveyed British public. Nevertheless, the studies highlighted a gap in forensic DNA education among the public, suggesting that public views may not be well informed. Overall, there was clear evidence of privacy concerns and the potential misuse of DNA records among the public, with a significant number opposing the retention of DNA from the innocent. It was found that most of the studies were qualitative or non-representative of the relevant population, limiting the generalisation of the results. There was also limited studies among a representative sample of primary stakeholders who are well-informed or directly exposed to the benefits, challenges and risks associated with DNA retention. A research into stakeholders rating of different forensic DNA retention regimes is therefore highly recommended. This is important because the studies suggest divergent views among criminal justice professionals and other members of the public, with the former expressing expansive views and the latter expressing restrictive views. The primary stakeholder's survey will help establish whether the relevant safeguards have been put in place to protect both public security and individual interests.

Young people's awareness on biobanking and DNA profiling: results of a questionnaire administered to Italian university students

Current policy approaches to social and ethical issues surrounding biobanks manifest lack of public information given by researchers and government, despite the evidence that Italian citizens are well informed about technical and other public perspectives of biotechnologies. For this reason, the focus of our survey was to interview our University's students on these aspects. The sample consisted of Padua University students (N = 959), who were administered a questionnaire comprising eight questions covering their knowledge about biobanks, their perception of the related benefits and risks, their willingness to donate samples to a biobank for research purposes, their attitude to having their own DNA profile included in a forensic DNA database, and the reasons behind their answers. The vast majority of the students invited to take part in the survey completed the questionnaire, and the number of participants sufficed to be considered representative of the target population. Despite the respondents' unfamiliarity with the topics explored, suggested by the huge group of respondents answering "I don't know" to the questions regarding Itaian regulation and reality, their answers demonstrate a general agreement to participate in a biobanking scheme for research purposes, as expressed by the 91% of respondents who were reportedly willing to donate their samples. As for the idea of a forensic DNA database, 35% of respondents said they would agree to having their profile included in such a database, even if they were not fully aware of the benefits and risks of such action.This study shows that Italian people with a higher education take a generally positive attitude to the idea of donating biological samples. It contributes to empirical evidence of what Italy's citizens understand about biobanking, and of their willingness to donate samples for research purposes, and also to have their genetic profiles included in a national forensic DNA database. Our findings may have clear implications for the policy discussion on biobanks in Italy, in particular it is important to take into account the Italian population's poor consciousness of forensic DNA database, in order to ensure a better interaction between policy makers and citizens and to make them more aware of the need to balance the individual's rights and the security of society.

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

Forensic DNA methylation profiling from evidence material for investigative leads

DNA methylation is emerging as an attractive marker providing investigative leads to solve crimes in forensic genetics. The identification of body fluids that utilizes tissue-specific DNA methylation can contribute to solving crimes by predicting activity related to the evidence material. The age estimation based on DNA methylation is expected to reduce the number of potential suspects, when the DNA profile from the evidence does not match with any known person, including those stored in the forensic database. Moreover, the variation in DNA implicates environmental exposure, such as cigarette smoking and alcohol consumption, thereby suggesting the possibility to be used as a marker for predicting the lifestyle of potential suspect. In this review, we describe recent advances in our understanding of DNA methylation variations and the utility of DNA methylation as a forensic marker for advanced investigative leads from evidence materials. [BMB Reports 2016; 49(7): 359-369]

Public participation in genetic databases: crossing the boundaries between biobanks and forensic DNA databases through the principle of solidarity

The ethical aspects of biobanks and forensic DNA databases are often treated as separate issues. As a reflection of this, public participation, or the involvement of citizens in genetic databases, has been approached differently in the fields of forensics and medicine. This paper aims to cross the boundaries between medicine and forensics by exploring the flows between the ethical issues presented in the two domains and the subsequent conceptualisation of public trust and legitimisation. We propose to introduce the concept of 'solidarity', traditionally applied only to medical and research biobanks, into a consideration of public engagement in medicine and forensics. Inclusion of a solidarity-based framework, in both medical biobanks and forensic DNA databases, raises new questions that should be included in the ethical debate, in relation to both health services/medical research and activities associated with the criminal justice system.