3. Forensic DNA: Law Enforcement in the Laboratory

2019 ◽  
pp. 36-67
Keyword(s):  
2006 ◽  
Vol 34 (2) ◽  
pp. 390-397 ◽  
Author(s):  
Tania Simoncelli

Over the past fifteen years, the United States has witnessed an extraordinary expansion in the banking and mining of DNA for law enforcement purposes. While the earliest state laws governing forensic DNA limited collection and retention of DNA samples to sexual offenders – on the theory that these persons were especially prone to recidivism and most likely to leave behind biological evidence – today forty-three states collect DNA from all felons, twenty-eight from juvenile offenders, and thirty-eight from those who commit certain categories of misdemeanors.A few states have expanded their databases beyond convicted criminals. Virginia, Louisiana, Texas, and California have authorized DNA retention from persons merely arrested for various offenses, although to date only Virginia has implemented such a program. At the federal level, an ill-considered statute that allows for the seizure and storage of DNA from anyone arrested and from non-U.S. citizens detained under federal authorities was recently signed into law.


2017 ◽  
Vol 297 ◽  
pp. 59-65
Author(s):  
Anna Jurga ◽  
◽  
Jakub Mondzelewski ◽  

Forensic DNA databases that operate in the zone forming an interface between science and law have the purpose of gathering and processing DNA profiles for the needs of law enforcement and judicial authorities responsible for preventing and combating crime. Therefore, their appropriate functioning is important. On one hand, it improves efficiency of police work and, on the other hand, it has to play a required role in protecting citizen rights and personal data. The National DNA Database has functioned in Poland since 2007. Its effectiveness is correlated with the number of stored profiles. Despite small collection the Database has on numerous occasions proven its high usefulness in solving criminal cases. The possibility of carrying out searches in other countries databases, as well as legislative and organisational undertakings aiming at improvement of the Database operation are gradually bringing effects and result in an increased detective potential of this tool.


2006 ◽  
Vol 34 (2) ◽  
pp. 222-233 ◽  
Author(s):  
Frederick R. Bieber

Forensic data banks contain biological samples and DNA extracts as well as computerized databases of coded DNA profiles of convicted offenders, arrestees and crime scene samples. When used for investigative and law enforcement purposes, DNA data banks have been successful in providing key investigative leads in hundreds of criminal investigations. A number of these crimes would never have been resolved without use of such data banks. In addition, in some limited number of investigations, the exclusion of known suspects whose DNA profiles are known to be in an offender database can save valuable investigative time.Despite the above benefits, in hundreds of cases DNA samples are never collected and administrative and laboratory logjams delay prompt database searches. Furthermore, hundreds of DNA database matches (hits) languish, without any followup by law enforcement or prosecutors. These prevent or delay DNA matches and therefore can leave the public in grave risk of potential harm from recidivistic offenders who otherwise could have been apprehended and convicted if the process functioned more effectively.


2021 ◽  
Vol 3 (1) ◽  
pp. 148-183
Author(s):  
Andrei G. Semikhodskii ◽  

Introduction. The article highlights a number of topical issues involving the federal database of genomic information of the Russian Federation. Despite the fact that the expert application of fo- rensic DNA analysis began in the late 80s/early 90s of the twentieth century, the legal basis for the use of DNA for crime investigation does not meet the requirements of today. Theoretical Basis. Methods. The study is based on a comparative analysis of the legal framework of forensic genetic databases of foreign countries, especially the United Kingdom and the United States, and the Russian Federation. Results. Based on the experience of countries where forensic DNA databases have been creat- ed and are effectively used, the general legislative principles of organizing such databases are discussed. Crimes warranting genetic registration and the procedural category of persons from whom DNA samples should be taken for the database purposes are considered as well as the length of the retention period and criteria for deleting genetic information. The issues of quali- ty control and ethical use of genetic information for solving crimes are discussed separately. In conclusion, the need for a legislative initiative that will allow law enforcement agencies to have a genomic information database as an effective tool for combating crime is proposed. Discussion and Conclusion. The paper emphasises a need for legislative initiatives that would allow law enforcement agencies to have a genomic database as an effective tool for combating crime.


2020 ◽  
pp. 088626052095130
Author(s):  
Rebecca Campbell ◽  
Giannina Fehler-Cabral

Throughout the United States, hundreds of thousands of sexual assault kits (SAKs; also termed “rape kits”) have never been submitted by law enforcement personnel to a crime laboratory for forensic DNA testing. Prior research indicates that negative stereotypes about victims influence police decisions to submit kits for testing, but forensic crime laboratory personnel may also be involved in SAK submission decisions. The purpose of the current study was to explore the communication and collaboration between police and crime lab personnel regarding SAK submissions within a community with large numbers of unsubmitted rape kits. Drawing from 3 years of ethnographic observations and longitudinal qualitative interviews, we found that the police department’s crime lab did not have sufficient resources to test all rape kits in police custody, which is a problem forensic laboratories are facing throughout the United States. However, we also found that access to this limited resource was controlled by crime lab personnel and their rape myth beliefs about which victims and which cases were considered worthy of the time, effort, and attention of the criminal justice system. Lab personnel emphasized that police should only submit “real” cases for forensic DNA testing, which they typically defined as physically violent stranger-perpetrated sexual assaults; “shady” cases did not merit testing, which they defined as known-offender assaults, reports made by adolescent victims, and cases in which the victim may have been engaged in sex work. We noted marked similarities in police and lab personnel’s rape myth acceptance, and stakeholders readily agreed that they did have a common understanding about which victims were not credible and therefore which SAKs did not merit testing. We discuss these findings in light of recommendations from the National Academy of Sciences for the independence and autonomy of the forensic sciences from law enforcement.


2020 ◽  
pp. 15-34
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado

Abstract This chapter provides an outline of the historical evolution of biometric databases in the European Union and explores how these developments reconfigure notions of borders within this region of the world. This sets the scene for understanding how the melange of biometrical technologies and digitization has reconfigured how we think about the mobility of people, how modes of surveillance relate to human rights and ethical issues, and what modes of regulation are being enforced. This brief historical summary covers the evolution of a range of diverse biometric technologies and database systems and their use in the context of migration control and law enforcement. Furthermore, the chapter contextualizes why the Prüm system, a decentralized database system designed to facilitate the mandatory exchange of forensic DNA data amongst EU Member States to control criminality and terrorism, is of relevance to the concept of bioborders.


2021 ◽  
Vol 11 ◽  
Author(s):  
Lauren Atwood ◽  
Jennifer Raymond ◽  
Alison Sears ◽  
Michael Bell ◽  
Runa Daniel

Forensic DNA Phenotyping (FDP) is an established but evolving field of DNA testing. It provides intelligence regarding the appearance (externally visible characteristics), biogeographical ancestry and age of an unknown donor and, although not necessarily a requirement for its casework application, has been previously used as a method of last resort in New South Wales (NSW) Police Force investigations. FDP can further assist law enforcement agencies by re-prioritising an existing pool of suspects or generating a new pool of suspects. In recent years, this capability has become ubiquitous with a wide range of service providers offering their expertise to law enforcement and the public. With the increase in the number of providers offering FDP and its potential to direct and target law enforcement resources, a thorough assessment of the applicability of these services was undertaken. Six service providers of FDP were assessed for suitability for NSW Police Force casework based on prediction accuracy, clarity of reporting, limitations of testing, cost and turnaround times. From these assessment criteria, a service provider for the prediction of biogeographical ancestry, hair and eye colour was deemed suitable for use in NSW Police Force casework. Importantly, the study highlighted the need for standardisation of terminology and reporting in this evolving field, and the requirement for interpretation by biologists with specialist expertise to translate the scientific data to intelligence for police investigators.


2019 ◽  
Vol 24 (1) ◽  
pp. 155-172
Author(s):  
Gabrielle Samuel ◽  
Barbara Prainsack

Abstract In this paper we explore shifts in how the law and ethics allow European law enforcement officers to use forensic genetic technologies. We do so by reviewing three technologies, ‘traditional’ (STR-based) forensic DNA profiling, forensic DNA phenotyping and the searching of genetic genealogy databases. In particular, we discuss changes in how ethical boundaries have been placed around what is seen as an appropriate use of genetic technologies in European criminal justice systems. While the ‘type’ of DNA that law enforcement officers are permitted to analyse offers a useful ethical reference point, for newer forensic genomic technologies, ethical scrutiny, we argue, would also look at the specific purpose or use of the technology.


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