Are DNA Databases Crossing the Line - Essay Example

 Introduction: a general over view of the subject matter Historical background: giving a brief summary of DNA database inception and development Scope of the DNA database: detailing its various strengths and weaknesses Discussion: a) the dilemma posed by the DNA database and the legal position b) arguments against DNA database c) arguments in favor of the DNA database Conclusion: References: Introduction: In public policy and biotechnological advancement in DNA development and application, DNA databases in criminal investigations is probably the most controversial phenomena under consideration by all facets of empirical and scientific enquiry by philosophers, criminologists, clergy/religious institutions, as well as group and individual human rights activist today. This has followed a recent announcement by the American Federal Courts which claimed to be about to “cross a line” in criminal prosecution by expanding the realms within which this technology could be used to store genetic data useful in criminal prosecution without any possible reasonable doubts (Horswell, 2004, pp. 122). Initially, DNA samples were only collected from criminals arrested in connection of felonious nature, but the courts now target DNA collection from every arrested citizen connected with any federal crime commission. Furthermore, more DNA samples will be collected from all immigrants who are under the custody of federal authorities. When this gets fully affected, these genetic identifiers will be increased at a rate of one million persons per year to the already culturing DNA database held by the various law enforcement organs of the federal jurisdiction (Kaye, 2006, pp. 74). As a result of this broad based approach, many contentions and disagreements have been raised and it seems this is just the beginning of a much larger scheme intended to privately scrutinize people without their prior knowledge. This paper therefore endeavors to make an insight into these fundamental factors among other issues revolving around the question of DNA databanks to find out their relevance or irrelevance in relation to human and constitution rights’ protection guidelines. Historical Background: United Kingdom was the first government to set up a national government database in April 1995 using the SGM- Second Generation Multiplex DNA profiling system and from 1998 adopted the SGM+ system. By the end of 2005, the database had accumulated more than 3.1 million profiles, of which about 585,000 belonged to children below 16 years of age (Leigh, 2004, pp. 23). Towards the end of 2006, the database contained over 4 million records, becoming the largest DNA database in the world at the time. Furthermore, it is estimated that this figure is increasing at a rate of thirty thousand DNA samples every month. Most of these samples are accrued from scenes of crimes as well as those collected by police from arrested suspect. This was followed by New Zealand and in 1998 France set its FNAEG database. The USA’s FBI has over the years being developing its CODIS database which was originally targeted to nail sex offenders, but have now been extended to encompass almost every other criminal offender. In Wales and England, every person arrested after suspicion of an offence deemed to of a recordable nature is compelled to give a DNA sample whose profile is permanently recorded and stored in the DNA database (Horswell, 2004, pp. 125). With time, the various system versions used for the DNA database data accumulation have undergone evolutionary changes as more and more data is gathered, requiring advanced technology in crime detection. The most current innovative approach in intelligence is the familial searching. This was postulated by scientists in the forensic science service and involves the process of carrying out investigations related to earlier unresolved crime-stains belonging to suspects who’s DNA profiles are not recorded in the database but a close relative’s profile is. This is done by matching similar profiles contained in the database. However, millions of such databases are possible to match to an extent they may be limited by demographic data limitations. Scope of the DNA Database: Different countries have different laws regarding the scope and procedures through which their DNA databases are handled. The Scotland law for example requires that most of the DNA profiles of acquitted people must not be retained in the database. For Sweden, it is only the DNA profiles belonging to persons who have been in custody for over a period of two years that should be stored in their database. To get a DNA sample of an individual in Germany and Norway, a court order must be procedurally obtained, and respectively they are only provided in cases where serious offences are involved, or when there is substantial conviction that the offender will repeat the offence. In the USA, all the fifty states stores DNA profiles of all violent offenders, with a few of these storing profiles of suspects of similar categories. Portugal is the pioneer of countries planning to institute an entire population DNA database (Leigh, 2004, pp. 25). By 2007, the U.S. had the largest DNA database (with over five million records) in the world which has been maintained by the Combined DNA Index System. The NDNAD- National DNA Database is the United Kingdom’s database which of similar magnitude (3,976,090 profiles by June 2007) to that of the USA. By around the same date, more than 49,400 requested matches had been produced by CODIS which assisted in investigating over 50,343 cases (Zonderman, 1999, pp. 313). Databases of this size, and which are progressively growing, are becoming a matter of concern political groups and civil liberties in the United Kingdom especially because police have been mandated to acquire and retain samples even after acquittal. However, there are other schools of thought who are of the opinion that DNA databases are inevitable, which has led to many states adopting and expanding their own databases. Currently, California is third largest DNA database holder in the world- with CODIS containing all the other states’ database information. The 2004 California Proposition 69 is one of those political measures which have broadened the DNA database scope with significant aid in investigations (Zonderman, 1999, pp. 316). Due to the fact that DNA is an inheritable genetic composition of a person, there is the possibility that other members of the convicted offender’s family can be traced and identified within the population in relation to a subject contained in the database. This is the pivotal point on which opponents of this technological advancement base their ethical arguments on. Discussion: a) The DNA database dilemma and the legal position: The usage and scope of the DNA database quarters has ignited mixed reactions especially when they are able to help in solving crimes and in prosecuting runaway offenders even after years of stalemate since the crime was committed. Some of the potential offences that are recordable include disorderliness, drunkenness, participation in illegal demonstrations, begging and many others, not to mention the principle crimes of all nature. b) Arguments against DNA databases: However, there have been instances where it has been established that innocent people have been arrested, and there being no sufficient evidence against them to warrant their conviction, they get acquitted, leaving their DNA profiles intact in the database. For example, there are over 24,000 cases in which samples of children and teenagers below the age of 18, or even 16 years appear in the database (Zonderman, 1999, pp. 311). All these children have never committed a crime, been cautioned, charged or convicted for any form crime commission. The challenge here is why would this ever happen, could it be an error of such a big deviation or is it an intended act? These and other inconsistencies have resulted to a database that cannot distinctly be said to contain criminal profiles. This matter has led to much disapproval from human rights and other activists who argue that the whole system could be a meticulous scheme against constitutional rights to privacy. Another controversial issue is where the database has been challenged to explain the fact that there is skyrocketed data of colored people as compared to that belonging to the white. For instance, current records show that over 40% details of black men as compared to less than 10 % details of white men appear in the same database (Kaye, 2006, pp. 71). Could the system be playing a role in social discrimination based on racial desegregation? Furthermore, there is contention on the fact that it has been established beyond reasonable doubt that sensitive information in the database has been used for scientific or genetic research and DNA samples storage by contracted commercial agencies who conduct their analysis for the intelligence service and the police without due prior consent. This has prompted suggestions that due to the issue of privacy weighted against the advantages of the database, particularly in criminal identification, it would be more convenient for encrypted DNA data information to be entrusted to a third party trustee from where such information could only be revealed in the event an event of crime scene from where the DNA sample is found to match the one in the database. Professor Alec Jeffrey, the genetic fingerprinting inventor is one of the advocates of this proposition (Lyon, 2002, pp. 232). There are other opinions that it is constitutionally unlawful to hold peoples’ DNA profiles indefinitely, even in the absence of a conviction. The argument here is that except for serious offences such as serious sexual offences, murder and other capital offences, the time limit for which DNA profiles are retained should be lowered to until they are necessary. In addition, every time an identifying DNA profile has been successfully obtained, other persons’ DNA profiles should be removed from the database and destroyed. The conservative party for example is in objection of the DNA database in the sense that the parliament hasn’t so far been allowed the opportunity of voting on it, even though it has raised to matters that call for constitutional consideration. One commonly referred to case is the arrest of 5 civil servants who were arrested for alleged industrial espionage in which they stole, from the database, some DNA information with which they established a rival firm with malicious intentions (Lyon, 2002, pp. 232). c) Arguments in favor of DNA databases: The strongest arguments for the DNA databases are based on the tangible evidence that is arrived at after successful DNA matching has been accomplished. Proponents of this idea have gone to an extent of agreeing to the possibility and necessity of compiling a complete national and/or even an international database, if and only if the motive behind doing so is openly declared as positive, and not stealth, insidious act without genuine objectives. One such example where DNA database matching came in handy when Steve Wright, a serial killer, was tracked down and convicted after his DNA sample which he had submitted following an arrest for petty stealing in 2003 matched his victims DNA. Another example involves one Sally A. Bowman whose murder had remained a mystery for close to nine months until Mark Dixie was involved in a bar fight where he was arrested. After his DNA sample was analyzed it match Sally’s, and Mark was convicted 2 years later. Detective (Superintendent) Stuart, the leading detective in the case was for the opinion that it was imperatively important to construct a national DNA register, with which, he argued, such a crime that took so long to bring to justice would only have required about twenty four hours to resolve. More recently, in two separate cases in February 2008, two men were brought to justice after being convicted of murder through DNA tracking (Lyon, 2002, pp. 233). Considering the above cases, it is evident that a DNA register would far much reduce the cost of justice by unimaginable degrees. It would only require a few clicks of some buttons on a key boarder and a murderer would instantly be identified and located. Even though this has been objected to by many individuals, groups, and some nations on the basis civil liberties as well as practical issues, one cannot fail to fantasize with what such a database would achieve. It has previously been a common occurrence to find innocent people suffering in jails for many years, some even serving life sentences or death rows due to lack of a sufficient tool like the DNA database that has recently unhooked many from such injustices. It doesn’t appeal nicely to such people’s psychological composition when they face the guillotine with all the innocence they could prove to anyone in the world, while probably the culprit is busy out there following the media proceedings, while at the same time scheming on how best to pin their next suspects. I personally, I fail to understand this concept of justice if such a prominent tool, that which, when properly used and under all ethical considerations, would never allow for any injustice to happen like in the above illustration. I further explore this concept in terms of economical accruals that it would result to. It is common knowledge that the value we lose in terms of investigations, paper work, time and the judicial expenses are numerous. If all the DNA profiles for all persons in the world were able to be compiled, even within nations individually like Portugal intends to do, then the world would be saved from many vices because majority of the crimes we witness today would not be attempted. Furthermore, there ought not to be any cause for alarm for anyone who hasn’t committed a crime. However, I do not refuse the possibility of criminals advancing their approach either, but rather am just playing around with the notion of intuition which played a big role in development of the scientific enquiries like the DNA database and DNA cloning of human beings. Conclusion: This paper has delved itself to the issues that are hotly being contested as regards the moral obligations as well as the technicalities involved in the processes of development of a DNA database to and as it is applicable to criminal investigation. It has concisely and succinctly evaluated the ideas of the pro and con DNA database as the issues has been revolved around and around. The paper has evidently established that there is practical importance of this database and that the opponents of this position ought to reconsider the practicability of their arguments. However, due to the limited scope of the paper, much more research and effort is desired if a complete comprehension of this concept is to be achieved, and particularly so because everyone has a right to voice their opinion in their best understanding possible. References: Horswell, John (2004). The Practice of Crime Scene Investigation. Boca Raton, FL.: CRC Press, pp. 122-128 Kaye, D. H. et el (2006). ‘Behavioral Genetics Research and Criminal DNA Databases,’ Law and Contemporary Problems, Vol. 69, pp. 69-74 Leigh, Harlan et el (2004). ‘When Privacy Fails: Invoking a Property Paradigm to Mandate the Destruction of DNA Samples,’ Duke Law Journal, Vol. 54, 2004, pp. 23-25 Lyon, David (2002). Surveillance as Social Sorting: Privacy, Risk, and Digital Discrimination. New York: Routledge, pp. 231-238 Zonderman, Jon (1999). Beyond the Crime Lab: The New Science of Investigation. New York: John Wiley & Sons, pp.311-317 Read More