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Legal and public policy issues in DNA forensics

Nature Reviews Genetics volume 2, pages 313–317 (2001)Cite this article

Abstract

Since the 1980s, when DNA markers for identifying biological samples were first developed, the use of DNA evidence to convict defendants and to exonerate the wrongfully accused and wrongfully imprisoned has greatly increased. But the increase in databanks for storing DNA information on individuals convicted of certain crimes raises important legal and ethical issues on the use, collection and storage of DNA evidence. These issues have been the subject of a recent US National Commission, which will, hopefully, broaden public discourse about the future uses of DNA forensic technology.

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Figure 1: UK Prime Minister Tony Blair having a DNA swab taken for Britain's national DNA database.

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Author information

Authors and Affiliations

  1. Interleukin Genetics, 135 Beaver Street, Waltham, 02452, Massachusetts, USA

    Phil Reilly

Authors
  1. Phil Reilly
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Additional information

The opinions expressed in this article are solely those of the author. They do not necessarily represent the views of the full commission or any of its members.

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FURTHER INFORMATION

Forensic Science Timeline

Alec Jeffreys

Federal Bureau of Investigation

National Research Council

James Crow

CODIS

The Bode Technology Group

Glossary

ABO BLOOD GROUPS

The principal antigens found on the surface of red blood cells. The co-dominantly inherited ABO system, discovered by Landsteiner in 1900, is the principal predictor of transfusion incompatibility.

APPELLATE (APPEAL) COURTS

In the United States, a national government and 50 state governments function in parallel according to powers and duties outlined in the US Constitution. Each government has a judicial branch, and each branch is tiered so that a party who is dissatisfied with the outcome of a case in a lower court can ask a higher court to review it. The constitutionality of new laws is often tested, and over time the higher courts resolve the key issues. The US Supreme Court is the ultimate judicial arbiter.

COMBINED DNA INDEX SYSTEM (CODIS)

In the United States, CODIS is a distributed database that is organized into three hierarchical levels: local, state and national. All three levels store indexed and searchable digitized representations of typed DNA samples. The hierarchical design allows state and local laboratories to configure CODIS to meet their specific needs.

CONSTITUTIONAL CHALLENGE

Typically, a lawsuit brought to contest a legislative act, which argues that the act violates a provision of a state constitution or of the US Constitution and so should be struck down.

ELIMINATION SAMPLE

A DNA sample collected from an individual not thought to be a suspect in a crime (such as the partner of a rape victim) to help investigators to analyse the evidence.

STATUTE

A law enacted by either a state legislature or the US Congress and signed by the governor or the president.

STATUTE OF LIMITATIONS

A law in criminal jurisprudence that defines the period of time during which a person can be prosecuted for a crime.

VARIABLE NUMBER TANDEM REPEATS

Loci containing variable numbers of short tandemly repeated sequences that are highly polymorphic. The length variations permit one to develop a composite DNA profile of an individual.

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Reilly, P. Legal and public policy issues in DNA forensics. Nat Rev Genet 2, 313–317 (2001). https://doi.org/10.1038/35066091

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