scholarly journals Legal aspects of using genetic evidence on the example of US judicial practice

2021 ◽  
Vol 25 (1) ◽  
pp. 87-106
Author(s):  
Daria V. Ponomareva ◽  
Elizaveta M. Sorokina

Advances in genomic research, biobanking and DNA identification technologies are expanding the use of biological and genetic evidence in litigation. The discovery of DNA and one of its functions to transmit hereditary information made it possible to look differently at the theory of a genetic predisposition to deviant behavior. The relevance of the study is due to the fact that the availability and increase of genetic research allows, along with the traditional use of genetic expertise in litigation (search and identification of a criminal, establishment of paternity), to expand the possibility of using the achievements of genetics by the parties to prove other circumstances in court. In this article, the authors analyze the US jurisprudence regarding the possibility of a party using the protection of genetic evidence in order to present a position in justification of the mitigation of punishment for an accused due to her genetic predisposition to criminal behavior. The authors also paid attention to the consideration of the issue of using the results of genetic testing in civil proceedings in order to prove the fact of the influence of the inherited gene on deviant behavior. In carrying out this study, the authors used a significant number of Russian and foreign sources of scientific literature. General and specific scientific methods of cognition, including the formal legal and comparative legal method, were used as research methods

2018 ◽  
Vol 22 (3) ◽  
pp. 328-344
Author(s):  
Anzhelika R Sakhipgareeva

This Article is devoted to the theoretical ideas about the features of state control in genomic research and medical applications in the United States of America. The purpose of this study is to examine the legal aspects of the interpretation of genomic research and medical applications in the United States of America, to study the features of the state control of medical applications, as well as companies providing services in the field of genomic research. As a result of the review, the author provides with the information about several features of the state control of the US Food and drug administration (FDA), degree of regulatory intervention in the activities of genetic research companies, identify classification of medical applications apps.


Legal Concept ◽  
2021 ◽  
pp. 195-204
Author(s):  
Alexey Anisimov ◽  
◽  
Olga Popova ◽  

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.


2019 ◽  
Vol 55 ◽  
pp. 29-35 ◽  
Author(s):  
Anna Sundby ◽  
Merete Watt Boolsen ◽  
Kristoffer Sølvsten Burgdorf ◽  
Henrik Ullum ◽  
Thomas Folkmann Hansen ◽  
...  

AbstractBackground:Genomic sequencing plays an increasing role in genetic research, also in psychiatry. This raises challenges concerning the validity and type of the informed consent and the return of incidental findings. However, no solution currently exists on the best way to obtain the informed consent and deliver findings to research subjects.Aims:This study aims to explore the attitudes among potential stakeholders in psychiatric genomic research toward the consenting procedure and the delivery of incidental findings.Methods:We developed a cross-sectional web-based survey among five groups of stakeholders. A total of 2637 stakeholders responded: 241 persons with a mental disorder, 671 relatives, 1623 blood donors, 74 psychiatrists, and 28 clinical geneticists.Results:The stakeholders wanted active involvement as 92.7% preferred a specific consent and 85.1% wanted to receive information through a dynamic consent procedure. The majority of stakeholders preferred to receive genomic information related to serious or life-threatening health conditions through direct contact (69.5%) with a health professional, i.e. face-to-face consultation or telephone consultation (82.4%). Persons with mental disorders and relatives did not differ in their attitudes from the other stakeholder groups.Conclusion:The findings illustrate that the stakeholders want to be more actively involved and consider consent as a reciprocal transaction between the involved subjects and the researchers in the project. The results highlight the importance of collaboration between researchers and clinical geneticists as the latter are trained, through their education and clinical experience, to return and explain genomic data to patients, relatives, and research subjects.


2014 ◽  
Vol 6 (1) ◽  
pp. e2014033
Author(s):  
Giuseppe Vetrugno ◽  
Fabio De Giorgio ◽  
Francesco D'Alessandro

Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc.) which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor), not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95%) of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.


2010 ◽  
Vol 17 (4) ◽  
pp. 329-344 ◽  
Author(s):  
Liam Curren ◽  
Jane Kaye ◽  
Paula Boddington ◽  
Karen Melham ◽  
Naomi Hawkins ◽  
...  

AbstractAnalyses of individuals’ genomes — their entire DNA sequence — have increased knowledge about the links between genetics and disease. Anticipated advances in ‘next generation’ DNA-sequencing techniques will see the routine research use of whole genomes, rather than distinct parts, within the next few years. The scientific benefits of genomic research are, however, accompanied by legal and ethical concerns. Despite the assumption that genetic research data can and will be rendered anonymous, participants’ identities can sometimes be elucidated, which could cause data protection legislation to apply. We undertake a timely reappraisal of these laws — particularly new penalties — and identifiability in genomic research.


2021 ◽  
Vol 8 (1) ◽  
pp. 165-173
Author(s):  
Roksolyana Zozulyak-Sluchyk

The problem of regulation of behavioral deviations in the youth environment attracts the attention of many researchers in various branches of science. Regulation of behavioral deviations means the prevention of unfavorable living conditions of adolescents, namely the elimination of factors that can cause certain negative consequences. The article reveals and analyzes the important factors that determine the criminal behavior of adolescents. In particular, such factors are singled out: uncensored propaganda of negative behavior styles that provoke adolescents to imitate «heroes» with bloody and violent behavior; the influence of families that give their children little attention from preschool age, turn a blind eye to their bad behavior, have an irresponsible attitude to the world around them and the environment, encourage their children’s whims; inconsistency of legal reform, extremes in modern judicial practice. The results of the study of predisposition to criminal behavior of adolescents are also presented. The methods chosen for the study: “Diagnosis of the tendency to overcome social norms and rules (Yu.A. Kleiberg)”, “Methods of diagnosing the tendency to deviant behavior (A.N. Orel)”, “Diagnosis of hostility (according to the Cook-Medley scale)”, “Obozov-Shchokintest to determine the degree of determination”, “A. Bass-A. Dark diagnosis of indicators and forms of aggression”. The type of social regulation of behavioral deviations such as individual prevention of juvenile delinquency is considered in detail. Its essence is purposeful work with a particular teenager and their closest people. Social workers, social educators and modern law enforcement agencies are comprehensively called to carry out this type. Individual prevention is directed at the adolescent and their negative traits, the environment that shapes them, as well as the conditions, circumstances and situations that contribute to or facilitate the commission of crimes by minors.


2020 ◽  
Vol 9 (1) ◽  
pp. 170
Author(s):  
Ahmet Maloku

In the broad spectrum of criminological theories on the causes of deviant behavior, sociological theories of criminality involve particular importance. These theories, the causes of such behaviors are only seen in the conditions and social interactions of the individual in their environment. However, with scientific explanations about the causes of criminal behavior, special place has the theory who gives a special importance to the delinquent's interaction with its environment. This is known as theory of various associations or more commonly known as the theory of differential association. The creator of this theory is the famous American sociologist and criminologist Edwin Sutherland, who has left indelible imprints on the relatively short but very important tradition of American criminological theories of criminality. The famous creator's lessons have been taken and modified by many prominent criminologists in their reviews of criminal etiology. As a result this lesson has also been the basis for numerous subsequent empirical research on criminal behavior. In this paper, using the comparative, theoretical, and meta-analysis methods, will be presented the views of some criminology authors and their interpretation of Sutherland's lessons on differential association. Due to this, a brief section of some empirical studies of delinquent behaviors based on E. Sutherland's lessons will be presented, and also the final discussion on these issues will be discussed.


Widya Bhumi ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Dian Dewi Khasanah

The role of electronic evidence, namely electronic certificates as part of electronic documents in civil cases, is still questionable. The presence of the Electronic Information and Transactions Law, which is the legal umbrella for the validity of electronic certificates, apparently still raises pros and cons, even in the eyes of law enforcers, therefore more specific regulations are needed so that the validity and strength of proof of electronic certificates are no longer questioned in court proceedings, especially civil cases. Electronic certificate or also known as electronic land certificate as one of the products from The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency which is currently being discussed will implement a media transfer process from analog to digital form. For this reason, it is necessary to prepare further regarding regulations to regulate how the later position and strength of evidence from electronic land certificates in Civil Procedure Law as an extension of evidence in civil cases. The method used in writing this scientific paper is legal research with the socio-legal method, namely by normatively examining the regulations regarding the Information dan Electronic Transaction of law in which have been used in civil proceedings in court and by looking at the existing norms and responses that are developing in the community. In the provisions of Article 6 of the Electronic Information and Transactions Law, an electronic document is considered valid if it is accessible, displayable, assured as to its integrity, and accountable. However, because it does not have perfect evidentiary power, it is necessary to accelerate the discussion of the Draft Civil Procedure Law, so that electronic land certificates as part of electronic documents have perfect evidentiary power in court, especially in civil cases.Keywords: Electronic Land Certificate, Evidence, Civil Procedure Law Intisari: Peran alat bukti elektronik yaitu sertipikat elektronik sebagai bagian dari dokumen elektronik dalam perkara perdata sampai saat ini masih dipertanyakan keabsahannya. Kehadiran UU ITE yang menjadi payung hukum dari keabsahan sertipikat elektronik rupanya masih menimbulkan pro dan kontra, bah­kan di mata penegak hukum, oleh karenanya dibutuhkan regulasi yang lebih spesifik agar keab­sahan dan kekuatan pembuktian dari sertipikat elektronik tidak lagi dipertanyakan dalam beracara di pengadilan khususnya perkara perdata. Sertipikat elektronik atau dapat juga disebut sertipikat tanah elektronik sebagai salah satu produk dari Kementerian Agraria dan Tata Ruang/ Badan Pertanahan Nasional (ATR/BPN) yang saat ini sedang diwacanakan akan diberlakukan atau akan dilaksanakan proses alih media dari bentuk analog ke bentuk digital. Untuk itu perlu dipersiapkan lebih lanjut menge­nai regulasi untuk mengatur bagaimana nantinya kedudukan dan kekuatan pembuktian dari sertipikat tanah elektronik dalam Hukum Acara Perdata sebagai perluasan alat bukti pada perkara perdata. Metode yang digunakan dalam penulisan karya ilmiah ini adalah penelitian hukum dengan metode sosio legal, yaitu dengan mengkaji secara yuridis normatif berbagai ketentuan perundang-undangan dan pengaturan mengenai dokumen elektronik yang selama ini dapat digunakan dalam beracara secara perdata di pengadilan serta dengan melihat norma dan respon yang ada dan berkem­bang di tengah masyarakat. Dalam ketentuan Pasal 6 UU ITE, suatu dokumen elektronik dianggap sah apabila dapat diakses, ditampilkan, dijamin keutuhannya, dan dapat dipertanggungjawabkan. Namun karena belum memiliki kekuatan pembuktian yang sempurna, maka perlu segera dipercepat pemba­hasan mengenai Rancangan Undang-Undang Hukum Acara Perdata, agar sertipikat tanah elektronik sebagai bagian dari dokumen elektronik memiliki kekuatan pembuktian yang sempurna di muka pengadilan khususnya perkara perdata.Kata Kunci: Sertipikat Tanah Elektronik, Pembuktian, Hukum Acara Perdata


2020 ◽  
Vol 3 ◽  
pp. 1
Author(s):  
Marlyn C. Faure ◽  
Ambroise Wonkam ◽  
Jantina De Vries

In the context of African genomics research, community engagement has emerged as a powerful means to enhance genomic education of the public and anticipate ethical challenges in relation to increasing genomic research on the African continent. We report our experiences of using narrative genomics, a drama-based community engagement method, to engage scientific and lay communities about ethical and social challenges related to the return of individual genetic research results in genomic research. The method uses set scripts, which audience members act out and thereafter engage in a series of ethical dilemmas presented in the script. In this paper, we describe the steps we took to change the original scripts to make them more suitable for a South African audience. We found the method to be relatively effective at engaging audiences in South Africa. While the changes in the South African versions appear minor, through our experience in trying to change the scripts to make them relatable to a South African audience, we observed that were limits to how much of the script we could change if the narrative was still to be effective as a community engagement method. While this method and the original scripts are incredibly helpful, new scripts must be developed for African audiences, and these could potentially be more impactful as a community engagement tool in different local contexts.


2021 ◽  
pp. 24-27
Author(s):  
Oleksandra SYTENKA ◽  
Yulia MAKARCHUK

Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.


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