DNA Fingerprinting and Civil Liberties

The ethical, legal, and social issues arising from the use of DNA forensics have not been fully explored. This project aims to investigate the various positions on new and controversial issues surrounding DNA profiling and to educate policymakers so that they better understand privacy and civil liberty issues involved in the application of DNA technology to the criminal justice system. To these ends, a series of small workshops involving ethicists, lawyers, political and social scientists, forensic experts, defense lawyers and prosecutors, and representatives of prisoners and parolees, including members of the major ethnic groups represented in forensic DNA banks, will examine the issues. The project team will collect data, updating information on international laws and regulations and procedures in order to ground workshop discussions.
Issues to be addressed include: (1) who should be included in forensic databases; (2) tissue collections as potential databases; (3) sample retention; (4) length of retention; (5) access to forensic DNA databanks; (6) partial matches; and effects on relatives; (7) racial identification using DNA haplotype analysis; (8) resource allocation; (9) federal versus state roles; (10) role of medical personnel; (11) the 'autonomy of science;' (12) uses of samples in medical research; (13) behavioral genetic research; (14) informed consent for research; (15) commercialization; (16) use for epidemiological purposes; (17) fiduciary issues versus the common good; (18) us+R379e of DNA collected for identification in mass disasters; (19) national DNA identification cards. Workshop participants will produce position papers for publication in a special issue of the American Society of Law, Medicine &Ethics (ASLME) Journal of Law, Medicine &Ethics, which, in addition to its regular subscribership, will be distributed to policymakers throughout the United States. Presentations will be placed on a website.
In order to educate policymakers (especially state legislators), judges, and district attorneys, a national education symposium, in Williamsburg, VA, based on the workshop discussions, will conclude the project, with two scholarships offered to two policymakers from each state.