Forensic Genetics in the Governance of Crime by Helena Machado & Rafaela Granja

Author:Helena Machado & Rafaela Granja
Language: eng
Format: epub, pdf
ISBN: 9789811524295
Publisher: Springer Singapore

Ethical Questions Associated with the Use of Forensic DNA Databases

It is now widely recognized that forensic genetic databases can be beneficial for criminal investigation activities and the production of evidence in the justice system and may eventually contribute to crime prevention and deterrence (Santos et al., 2013; Walsh, Buckleton, Ribaux, Roux, & Raymond, 2008). However, the use of such databases raises diverse and complex ethical, social and political questions which, from our perspective, must be considered in the context of suitable involvement of various social actors: legislators, judicial operators, forensic experts, politicians (Machado & Silva, 2015a, 2015b; Wienroth, Morling, & Williams, 2014). Commentators from different professional fields and scientific disciplines have pointed out the need to consider that the use of forensic genetic databases should be conducted while considering ethical concerns and the need to respect fundamental human rights, such as freedom, autonomy, privacy, presumption of innocence and equality (Amankwaa & McCartney, 2018; Krimsky & Simoncelli, 2011; Van Camp & Dierickx, 2007).

The most controversial ethical issues related to DNA databases for criminal investigation above all concern the criteria related to the selection of the DNA profiles to be included and to the collection, conservation, use and circulation of data. This question is highlighted by the clear trend towards the growing use of such databases. There are other aspects that may raise ethical issues, which will be listed below (Hindmarsh & Prainsack, 2010; Prainsack & Aronson, 2015).

The myth of the infallibility of DNA profiling may lead to overlooking possible laboratory errors and other errors and result in the marginalization or even elimination of other types of evidence in court. Identification errors can have profound and irremediable implications, so guaranteeing quality in all technical procedures is also an ethical issue.

There is the possibility of establishing kinship ties through familial searching (see Chap. 7), even though this information might even be unknown to the person who is registered or may constitute a breach of the individual’s private life and moral integrity.

Forensic DNA databases reproduce and reinforce social inequalities. Members of specific minorities are more likely to be included in forensic DNA databases and then, consequently, placed under greater surveillance (Chow-White & Duster, 2011; Skinner, 2012, 2013, 2018). The seminal work of Robin Williams and Paul Johnson (2004) is essential in this respect for its analysis of the unique nature of the surveillance based on DNA data and its implications for the construction of suspicion. The authors argue that DNA databases allow for “reconstructive surveillance”, forming a circuit surveillance system which holds information that can be applied retrospectively, meaning that people and their actions are not watched, but are inferentially reconstructed using expert practices (Williams & Johnson, 2004, pp. 3–6). As the authors note, “DNA databases have a speed, efficiency, automation, and accuracy that are unmatched in the history of policing” (Williams & Johnson, 2004, p. 8). Moreover, Williams and Johnson explain that DNA databases form “a type of surveillance which is essentially concerned with ‘management’ of those already deemed criminal […] delimiting them

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