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Abstract
DNA databases have significant commercial value. Direct-to-consumer genetic testing companies have built databanks using samples and information voluntarily provided by customers. As the price of genetic analysis falls, there is growing interest in building such databases by paying individuals for their DNA and personal data. This paper maps the ethical issues associated with private companies paying for DNA. We outline the benefits of building better genomic databases and describe possible concerns about crowding out, undue inducement, exploitation, and commodification. While certain objections deserve more empirical and philosophical investigation, we argue that none currently provide decisive reasons against using financial incentives to secure DNA samples.
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Affiliation(s)
- Julian J Koplin
- Melbourne Law School, University of Melbourne, 185 Pelham St, Carlton, VIC, 3053, Australia.
- Biomedical Ethics Research Group, Murdoch Children's Research Institute, Melbourne, Australia.
| | - Jack Skeggs
- Monash University, Melbourne, VIC, Australia
| | - Christopher Gyngell
- Biomedical Ethics Research Group, Murdoch Children's Research Institute, Melbourne, Australia
- Department of Paediatrics, University of Melbourne, Melbourne, VIC, Australia
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Munir R, Abbas RZ, Arshed N. DNA profiling and databasing: An analysis of issues and challenges in the criminal justice system of Pakistan. Med Sci Law 2021; 61:27-33. [PMID: 33032488 DOI: 10.1177/0025802420964318] [Citation(s) in RCA: 4] [Impact Index Per Article: 1.3] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/11/2023]
Abstract
The use of DNA as evidence in judicial trials in Pakistan is fraught with issues and challenges, including sampling, profiling, analysis, inclusion and exclusion criteria, insight and oversight mechanisms, invasion of personal privacy, constitutional safeguards and court admissibility issues. These problems have diminished the significance of this robust forensic evidence and hindered the creation of a central database in the country. This paper discusses these issues and introduces suggestions for the inclusion of DNA as significant evidence in the criminal justice system of Pakistan.
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Affiliation(s)
| | - Rana Zamin Abbas
- Department of Management, University of Management and Technology, Pakistan
| | - Noman Arshed
- Department of Economics, University of Management and Technology, Pakistan
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da Silva Junior RC, Wirz LN, Solares Reyes E, Del Moral Stevenel MA. Development of DNA databases in Latin America. Forensic Sci Int 2020; 316:110540. [PMID: 33128929 DOI: 10.1016/j.forsciint.2020.110540] [Citation(s) in RCA: 6] [Impact Index Per Article: 1.5] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 07/26/2020] [Revised: 09/09/2020] [Accepted: 10/04/2020] [Indexed: 11/27/2022]
Abstract
The Iberoamerican Working Group on DNA Analysis (GITAD) as part of the Iberoamerican Academy of Criminalistics and Forensic Studies (AICEF), which has existed since 1998, has several working commissions in its structure in order to carry out actions in its specific areas of activity. Among them is the Database Commission, which has been monitoring the development of DNA databases in Latin America, Portugal and Spain. The members of this commission produced a questionnaire and submitted it to the institutions that integrate or collaborate with GITAD in order to obtain an overview of the DNA databases in these countries. Among the representatives of the 15 countries that responded to the survey, 13 have some kind of database - criminal or related to the search for missing persons. However, 11 reported that they have some kind of legal norm. That is, there are countries that do not have legislation but that have already implemented their DNA databases. In addition, an investigation was carried out on local legislation to complement the information presented by the representatives of said institutions. After analyzing the results, it was possible to observe a large movement in Latin America that points to the advancement of DNA databases and their use both in the search for missing persons and for criminal investigation purposes. However, the scenario is still heterogeneous and articles like this can support different countries in making decisions about the development of these tools.
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Affiliation(s)
| | - Leandro Nicolás Wirz
- Directorate of Criminalistics and Forensic Studies, Head of Forensic Genetic Division, Argentine National Gendarmerie, Argentine Antarctica 1480, Capital Federal, Buenos Aires, Argentina
| | - Estuardo Solares Reyes
- Serology and Genetics Laboratory, Criminalistics Laboratory, National Institute of Forensic Sciences of Guatemala, INACIF, Guatemala, Guatemala
| | - Miguel Angel Del Moral Stevenel
- Biology Molecular Laboratory, General Directorate of Criminalistics Laboratories, General Coordination of Experts Services, Coordination of Research Methods, General Prosecutor of the Republic, Mexico
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Budowle B, Bus MM, Josserand MA, Peters DL. A standalone humanitarian DNA identification database system to increase identification of human remains of foreign nationals. Int J Legal Med 2020; 134:2039-2044. [PMID: 32767019 DOI: 10.1007/s00414-020-02396-9] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 06/03/2020] [Accepted: 08/03/2020] [Indexed: 11/30/2022]
Abstract
The identification of missing persons and human remains is a worldwide problem which has been exacerbated with increased migrations and rampant human trafficking and smuggling cases. DNA typing and DNA databases are primary tools and resources used to help identify human remains and missing persons. The foundation of most, if not all, national DNA database systems, e.g., CODIS, is law enforcement identification. With such database systems, compliance with statutory and operational requirements is necessary to ensure the integrity of the databases. However, because of conditions in their homelands, relatives of missing persons at times may not trust the government and may be reluctant to contact a law enforcement agency, making it difficult to satisfy the law enforcement nexus necessary for entry into a national DNA database. A potential solution to increase the identification of unidentified human remains found within the USA, such as those that may be of foreign nationals, the University of North Texas Center for Human Identification (UNTCHI) has created a Humanitarian DNA Identification DNA Database (HDID) that enables family reference sample DNA profiles from non-US citizens to be compared with the DNA profiles from unidentified human remains within its local database system. This short communication describes the needs, basis, policies, and practices to inform the scientific, investigative, and legal communities and the public so that various entities may become aware and consider submitting family reference sample (FRS) profiles from foreign nationals for the purpose of searching against UNTCHI's HDID. It is our hope that by creating this HDID, another vehicle is available to support identification of human remains within the USA and to bring much needed answers to the family members of missing persons. The HDID will merge high forensic quality and best practices with the broader accessibility for non-US families to voluntarily donate DNA profiles for searching for missing loved ones.
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Affiliation(s)
- Bruce Budowle
- Center for Human Identification, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, 3500 Camp Bowie Blvd, CBH-250, Ft Worth, TX, 76107, USA. .,Department of Microbiology, Immunology and Genetics, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, Ft Worth, TX, 76107, USA.
| | - Magdalena M Bus
- Center for Human Identification, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, 3500 Camp Bowie Blvd, CBH-250, Ft Worth, TX, 76107, USA.,Department of Microbiology, Immunology and Genetics, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, Ft Worth, TX, 76107, USA
| | - Melody A Josserand
- Center for Human Identification, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, 3500 Camp Bowie Blvd, CBH-250, Ft Worth, TX, 76107, USA
| | - Dixie L Peters
- Center for Human Identification, Graduate School of Biomedical Sciences, University of North Texas Health Science Center, 3500 Camp Bowie Blvd, CBH-250, Ft Worth, TX, 76107, USA
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Toom V, Granja R, Ludwig A. The Prüm Decisions as an Aspirational regime: Reviewing a Decade of Cross-Border Exchange and Comparison of Forensic DNA Data. Forensic Sci Int Genet 2019; 41:50-57. [PMID: 30959458 PMCID: PMC6591774 DOI: 10.1016/j.fsigen.2019.03.023] [Citation(s) in RCA: 20] [Impact Index Per Article: 4.0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/04/2019] [Revised: 03/22/2019] [Accepted: 03/30/2019] [Indexed: 11/20/2022]
Abstract
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.
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Affiliation(s)
- Victor Toom
- Independent Scholar, Amsterdam,the Netherlands.
| | - Rafaela Granja
- Communication and Society Research Centre, University of Minho, Portugal.
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Machado H, Silva S. What influences public views on forensic DNA testing in the criminal field? A scoping review of quantitative evidence. Hum Genomics 2019; 13:23. [PMID: 31122278 PMCID: PMC6533668 DOI: 10.1186/s40246-019-0207-5] [Citation(s) in RCA: 23] [Impact Index Per Article: 4.6] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Grants] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/08/2019] [Accepted: 05/09/2019] [Indexed: 11/28/2022] Open
Abstract
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.
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Affiliation(s)
- Helena Machado
- Institute for Social Sciences, University of Minho, Braga, Portugal
| | - Susana Silva
- EPIUnit - Instituto de Saúde Pública, Universidade do Porto, Porto, Portugal
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Latham KE, Miller JJ. DNA recovery and analysis from skeletal material in modern forensic contexts. Forensic Sci Res 2018; 4:51-59. [PMID: 30915417 PMCID: PMC6427720 DOI: 10.1080/20961790.2018.1515594] [Citation(s) in RCA: 55] [Impact Index Per Article: 9.2] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 03/30/2018] [Revised: 08/21/2018] [Accepted: 08/21/2018] [Indexed: 11/03/2022] Open
Abstract
The generation of a DNA profile from skeletal remains is an important part of the identification process in both mass disaster and unidentified person cases. Since bones and teeth are often the only biological materials remaining after exposure to environmental conditions, intense heat, certain traumatic events and in cases where a significant amount of time has passed since the death of the individual, the ability to purify large quantities of informative DNA from these hard tissues would be beneficial. Since sampling the hard tissues for genetic analysis is a destructive process, it is important to understand those environmental and intrinsic factors that contribute to DNA preservation. This will serve as a brief introduction to these topics, since skeletal sampling strategies and molecular taphonomy have been discussed in depth elsewhere. Additionally advances in skeletal DNA extraction and analysis will be discussed. Currently there is great variation in the DNA isolation methods used by laboratories to purify DNA from the hard tissues; however, a standardized set of short tandem repeat (STR) loci is analyzed by many US laboratories to allow for comparisons across samples and jurisdictions. Recent advances have allowed for the generation of DNA profiles from smaller quantities of template DNA and have expanded the number of loci analyzed for greater discriminatory power and predictions regarding the geographic ancestry and phenotype of the individual. Finally, utilizing databases and expanding the number of comparison samples will be discussed in light of their role in the identification process.
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Affiliation(s)
- Krista E. Latham
- Biology Department, Human Identification Center, University of Indianapolis, Indianapolis, IN, USA
| | - Jessica J. Miller
- Biology Department, Human Identification Center, University of Indianapolis, Indianapolis, IN, USA
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Abstract
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.
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Abstract
The author's thoughts and opinions on where the field of forensic DNA testing is headed for the next decade are provided in the context of where the field has come over the past 30 years. Similar to the Olympic motto of 'faster, higher, stronger', forensic DNA protocols can be expected to become more rapid and sensitive and provide stronger investigative potential. New short tandem repeat (STR) loci have expanded the core set of genetic markers used for human identification in Europe and the USA. Rapid DNA testing is on the verge of enabling new applications. Next-generation sequencing has the potential to provide greater depth of coverage for information on STR alleles. Familial DNA searching has expanded capabilities of DNA databases in parts of the world where it is allowed. Challenges and opportunities that will impact the future of forensic DNA are explored including the need for education and training to improve interpretation of complex DNA profiles.
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Affiliation(s)
- John M Butler
- National Institute of Standards and Technology, Gaithersburg, MD, USA
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Machado H, Silva S. "Would you accept having your DNA profile inserted in the National Forensic DNA database? Why?" Results of a questionnaire applied in Portugal. Forensic Sci Int Genet 2013; 8:132-6. [PMID: 24315600 DOI: 10.1016/j.fsigen.2013.08.014] [Citation(s) in RCA: 25] [Impact Index Per Article: 2.3] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/09/2013] [Revised: 08/06/2013] [Accepted: 08/28/2013] [Indexed: 11/18/2022]
Abstract
The creation and expansion of forensic DNA databases might involve potential threats to the protection of a range of human rights. At the same time, such databases have social benefits. Based on data collected through an online questionnaire applied to 628 individuals in Portugal, this paper aims to analyze the citizens' willingness to donate voluntarily a sample for profiling and inclusion in the National Forensic DNA Database and the views underpinning such a decision. Nearly one-quarter of the respondents would indicate 'no', and this negative response increased significantly with age and education. The overriding willingness to accept the inclusion of the individual genetic profile indicates an acknowledgement of the investigative potential of forensic DNA technologies and a relegation of civil liberties and human rights to the background, owing to the perceived benefits of protecting both society and the individual from crime. This rationale is mostly expressed by the idea that all citizens should contribute to the expansion of the National Forensic DNA Database for reasons that range from the more abstract assumption that donating a sample for profiling would be helpful in fighting crime to the more concrete suggestion that everyone (criminals and non-criminals) should be in the database. The concerns with the risks of accepting the donation of a sample for genetic profiling and inclusion in the National Forensic DNA Database are mostly related to lack of control and insufficient or unclear regulations concerning safeguarding individuals' data and supervising the access and uses of genetic data. By providing an empirically-grounded understanding of the attitudes regarding willingness to donate voluntary a sample for profiling and inclusion in a National Forensic DNA Database, this study also considers the citizens' perceived benefits and risks of operating forensic DNA databases. These collective views might be useful for the formation of international common ethical standards for the development and governance of DNA databases in a framework in which the citizens' perspectives are taken into consideration.
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Affiliation(s)
- Helena Machado
- Department of Sociology, Institute for Social Sciences, University of Minho, Portugal; Centre for Social Studies, University of Coimbra, Portugal.
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