The Effects of DNA Databases on the Deterrence and Detection of Offenders

This paper studies the effects of adding criminal offenders to a DNA database. Using a large expansion of Denmark’s DNA database, we find that DNA registration reduces recidivism within the following year by up to 42 percent. It also increases the probability that offenders are identified if they recidivate, which we use to estimate the elasticity of crime with respect to the detection probability and find that a 1 percent higher detection probability reduces crime by more than 2 percent. We also find that DNA registration increases the likelihood that offenders find employment, enroll in education, and live in a more stable family environment. (JEL J22, J24, K42)

Who Should Govern?

Chapter 8 uses the GKAP surveys, expert surveys, and interviews to examine views about governance of genomics technologies. Experts collectively offer long lists of appropriate and inappropriate governing bodies; they show little convergence. Interview subjects also offer diverse views on genomics governance, but mostly agree that government actors and medical professionals are not suited to it. The public generally endorses forensic DNA databases and their governance, has mixed views on medical research involving genetics, and is cautious about gene editing, especially germline. Americans express little confidence in any potential governing actor, but they trust families and doctors somewhat more than community forums, clergy, or public officials. There is little partisan division, some racial division, and mostly division by quadrants of the basic framework.

Disputes over Genomic Science Are Not Partisan

In the contemporary United States, most important societal disputes have become politicized, with the result that there are Republican and Democratic positions to which partisans largely adhere. Interestingly, that is not the case for societal uses of genomic science; controversies surrounding genomics are largely nonpartisan, or its uses are not even considered controversial. Chapter 3 demonstrates this unusual pattern by examining American elected officials’ unanimous support for forensic DNA databases and their silence on scientific DNA databases, the lack of partisanship in legislation and funding for genomics research, and the absence of controversy in the courts around genomics.

Enthusiasm and Skepticism

Chapter 4 examines two of the cells in the basic framework: “Enthusiasm” about the benefits of using the science of genetic inheritance, and “Skepticism” about the risks of using the science of genetic inheritance. For each viewpoint, this chapter explores arenas within medical and scientific research (including gene therapy, the search for Covid-19 vaccines, and gene editing), criminal justice (including forensic DNA databases, rapid DNA testing, and exoneration), and biogeographical ancestry (including racial and ethnic ancestry testing, race-based medicine, and deep ancestry). Chapter 4 provides evidence to support both excitement about the benefits of genomic science and concern about its risks and costs.

Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes

Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.

Forensic DNA Databases: International Experience and the Possibility of its Application in the Russian Federation

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.