Omar Bennett
DNA databases have been used to solve cold cases and identify the remains of those killed in natural disasters or war. However, they also raise ethical and constitutional concerns. In the US, the Fourth Amendment protects citizens against unreasonable searches, and some argue that DNA collection without reasonable suspicion of criminal activity violates this right. Further, DNA databases may disproportionately impact minority communities, exacerbate racial disparities, and raise questions about privacy rights and consent. While some states have passed legislation requiring DNA collection upon arrest, others have seen legal challenges to these practices. As DNA technology advances, balancing its benefits with privacy and ethical considerations becomes increasingly crucial.
| Characteristics | Values |
|---|---|
| Benefits of DNA databases | Identifying genetic patterns in diseases, devising preventive and curative strategies, understanding human evolution, solving crimes |
| DNA databases and privacy | DNA databases can violate a person's right to privacy, as well as their Fourth Amendment rights |
| DNA databases and racial disparities | DNA databases can increase the impact of surveillance on minority communities, exacerbating racial disparities |
| DNA databases and consent | People may not have consented to their DNA being used for law enforcement purposes |
| DNA databases and human liberty | DNA databases can call into question the very meaning and possibility of human liberty |
| DNA databases and accuracy | DNA databases can be unreliable due to human error in the collection, handling, and testing of samples |
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What You'll Learn
- DNA databases can be used to solve cold cases and identify missing persons
- DNA databases can be used to identify genetic patterns in diseases and devise curative strategies
- DNA databases can violate privacy rights and impact family harmony
- DNA databases can perpetuate racial disparities and the idea of guilt by association
- DNA databases can be used to identify a person's predisposition to illnesses or behaviours
DNA databases can be used to solve cold cases and identify missing persons
DNA databases have been used to solve cold cases and identify missing persons. For example, in 2018, California authorities used a novel investigative technique to arrest a man they called the Golden State Killer, a serial murderer who had escaped capture for decades. Police had submitted DNA from a crime scene into a consumer DNA database, where information about distant relatives helped them identify a suspect. This has since helped solve more than 50 rapes and homicides in 29 states.
In another instance, the Yakima County Coroner's Office partnered with Othram in 2022 to use newer DNA extraction techniques to identify the remains of Daisy Mae Tallman, a Native American woman who had been missing for 35 years. Othram scientists improved methods for collecting DNA from bones and used rapid genome sequencing to develop a full genetic profile, which was then compared with DNA provided by family members.
However, there are ethical and constitutional concerns surrounding the use of DNA databases. One concern is the potential for increased surveillance and racial disparities, as DNA databases are populated disproportionately by Black and Latino individuals, who are often arrested but not convicted. Additionally, the collection and cataloging of DNA information may violate an individual's Fourth Amendment rights, which protect against unreasonable searches and seizures.
Furthermore, there are reliability risks associated with collecting DNA samples. Human error can affect DNA results, and the procedures used to preserve and test DNA samples may not always prioritize accuracy. As such, DNA evidence should be carefully evaluated before being used to convict a defendant of a crime.
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DNA databases can be used to identify genetic patterns in diseases and devise curative strategies
DNA databases have proven to be extremely useful in identifying genetic patterns in diseases and in devising curative strategies. For instance, the National Human Genome Research Institute has revealed that genetic disorders are caused by a deviation from the usual sequence of DNA, either wholly or partially. This deviation could be in the form of mutations in a single gene (monogenic disorder), multiple genes (multifactorial inheritance disorder), or a combination of gene mutations and environmental factors.
Innovative techniques such as quantitative fluorescent polymerase chain reaction (QF-PCR) have been developed to detect chromosomal abnormalities in prenatal samples. This technique uses specific fluorescent markers to target regions of interest on the chromosomes. The DNA fragments are then separated by capillary electrophoresis, allowing for the identification of chromosomal abnormalities based on fluorescent signal patterns. Other techniques, such as the use of a single fluorescently labelled universal primer, can also be employed to identify and quantify relevant genes or genomic regions involved in a disorder.
While DNA databases have been instrumental in medical advancements, there are concerns about their use in criminal investigations and law enforcement. The collection and storage of DNA data raise constitutional questions, particularly regarding the Fourth Amendment right to protection from unreasonable searches and seizures. The right to privacy is also implicated, as DNA data can reveal sensitive information about an individual, their family, and their ethnic background.
Furthermore, the potential for human error in the collection, handling, and testing of DNA samples cannot be overlooked. The reliability of DNA results depends on the procedures utilized to preserve and test the samples. The use of DNA databases in criminal investigations must be carefully considered, taking into account ethical issues and potential impacts on crime control.
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DNA databases can violate privacy rights and impact family harmony
DNA databases can be powerful tools for crime control and prevention. However, they also raise ethical concerns, particularly regarding privacy rights and their impact on family harmony.
DNA databases can violate privacy rights in several ways. Firstly, they involve capturing a piece of an individual, which can be seen as a direct violation of a person's right to privacy and protection from unreasonable searches and seizures under the Fourth Amendment. This is especially true when DNA is collected from individuals without their consent or reasonable suspicion of criminal activity, as in the case of Arizona, where a proposed law would have required many residents to provide DNA samples for a state database.
Secondly, DNA databases can reveal sensitive information that individuals may not even be aware of, such as unknown siblings or parents, inherited vulnerabilities, and ethnic antecedents. This information can be accessed and used by law enforcement, government agencies, and potentially, third parties with malicious intentions. For example, insurance companies may be interested in genetic information about inherited vulnerabilities.
Additionally, DNA databases can impact family harmony. Familial searches conducted during criminal investigations can result in innocent family members being caught in the dragnet and facing suspicion or even destruction of their lives. This can lead to investigations and assumptions based on partial or incorrect familial matches, disrupting family relationships and causing unnecessary distress.
Furthermore, the collection and storage of DNA data raise concerns about reliability and potential misuse. Human error, improper handling, and testing procedures that prioritize results over accuracy can affect the reliability of DNA samples and lead to incorrect conclusions. The manner in which law enforcement collects, handles, and tests DNA can vary, impacting the trustworthiness of the results.
While DNA databases have the potential to solve crimes and identify missing persons, the sensitive nature of genetic information means that access to such data must be rigorously controlled and protected to prevent violations of privacy rights and disruptions to family harmony.
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DNA databases can perpetuate racial disparities and the idea of guilt by association
DNA databases have been used to solve crimes and identify long-sought-after criminals. For example, the Golden State Killer, Joseph James DeAngelo, was arrested at the age of 72 for committing more than 50 rapes and 12 murders, through a combination of traditional detective work and data from a crowd-sourced genetic database. In another instance, a man suspected of more than 50 rapes and 12 murders in the 1970s was identified and arrested by the Californian police through the GEDmatch database.
However, DNA databases can perpetuate racial disparities and the idea of guilt by association. Racial disparities in DNA databases are a reflection of structural disparities in biomedical research and policing. Over the last decade, the majority of DNA samples in population studies have been from individuals of European origin, with individuals from Asian, African, Latino, and aboriginal groups being underrepresented. This has resulted in a "digital divide", with forensic DNA databases mirroring racial disparities in arrest practices and incarceration rates. For example, in counties where Black people make up 52% of the population, they constitute 85% of felony defendants, and similar disparities are seen in Hispanic populations. This has led to an overrepresentation of African Americans and Latinos in forensic DNA databases, with estimates ranging from 41% to 49% of CODIS profiles being from African Americans.
The use of DNA databases can also lead to guilt by association, as family members of suspects may be caught in the crime response dragnet, regardless of their involvement in the crime. This can disrupt family harmony and raise concerns about privacy rights, as innocents' lives may be affected by being under suspicion. Furthermore, the idea that DNA evidence is more reliable than other types of forensic evidence may perpetuate challenges, as investigators may assume the findings are always accurate, when in fact, partial or familial matches can lead them to the wrong sources.
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DNA databases can be used to identify a person's predisposition to illnesses or behaviours
DNA databases have been used to solve crimes and identify culprits, but they also raise ethical and constitutional concerns. While DNA databases can be used to identify a person's predisposition to illnesses or behaviours, this application raises concerns about privacy and the potential for misuse by entities like insurance companies.
Genetic testing can identify changes in a person's genes, chromosomes, or proteins, revealing mutations that indicate the presence or absence of a genetic condition. These tests can be conducted prenatally or at any other time to confirm or rule out a diagnosis. They can also determine the risk of developing certain conditions or passing them on to offspring. For example, a person can take a DNA test to determine their predisposition to important health conditions like cancers, cardiovascular conditions, diabetes, and obesity. This knowledge can empower individuals to make lifestyle changes to reduce their risk.
However, the collection and storage of DNA data in a database raise constitutional concerns. In the United States, the Fourth Amendment protects individuals from unreasonable searches and seizures, and the collection of DNA samples can conflict with this right if it is done without reasonable suspicion of criminal activity. Additionally, DNA collection can violate a person's right to privacy, as it involves capturing a physical part of an individual.
The sensitivity of DNA data and the potential for misuse are significant concerns. DNA profiles can reveal sensitive information, such as unknown siblings or parents, inherited vulnerabilities, and ethnic antecedents. This information could be exploited by insurance companies or used to perpetuate racial disparities and surveillance on minority communities. Therefore, while DNA databases can provide valuable insights into illnesses or behaviours, strict controls and protections are necessary to safeguard individuals' rights and prevent misuse.
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Frequently asked questions
DNA databases have enormous potential for good, for example, in identifying genetic patterns in diseases, devising preventive and curative strategies, and understanding human evolution. DNA databases are also powerful tools for analyzing forensic evidence collected from crime scenes, helping to clear innocent suspects, convict guilty criminals, and clear the wrongfully convicted.
Collecting an individual's DNA involves capturing a piece of an individual, and DNA testing often conflicts with a person's right to privacy under the Constitution. In addition, the Fourth Amendment protects individuals from unreasonable searches and seizures. For example, detaining a person for the purposes of collecting a DNA sample without reasonable suspicion of criminal activity may be an unreasonable search and seizure.
The idea that DNA is more reliable than other types of forensic evidence may perpetuate challenges associated with conducting investigations and assuming the truth of findings. Privacy rights are also violated by familial searches, which can impact those tested, their family members, and innocents whose lives might be destroyed by being under a cloud of suspicion. There are also concerns about the increased impact of DNA surveillance on minority communities, exacerbating racial disparities, the idea of guilt by association, and disrupting family harmony.
There are complications that may arise that could affect the reliability of a DNA sample. For example, the manner in which law enforcement collects, handles, and tests a DNA sample affects its reliability, and human error can occasionally affect DNA results.
