How have modern genetics had an effect on the legal system?

One World Essay: How has modern genetics had an effect on the legal system?

Tejal Vora

In the last few decades technology has developed to a level beyond our expectations and is continuing to develop rapidly as we uncover and find new ways to use technological advancements to assist with many things, of which the legal system is one of the most important. The Legal system enforced in the United Kingdom is one of the strongest and most organised in the entire world. We are looked upon as a judiciary example. [1]

Decades ago, trial was simple. You were guilty until proven innocent. Innocence was complicated as there was not much one could do to prove to an entire courtroom that he was innocent, therefore many were falsely accused and imprisoned. These days, the process of court is more complicated; to be specific the evidence is more reliable as forensic identification is now being used across the globe. Forensic Identification is the extraction of DNA (deoxyribonucleic acid) from part of a body, for example, bodily fluids, fingerprints, etc. [2]

Science is constantly being developed and attempting to have an explanation for everything. Genes especially are being taken apart and examined for undiscovered components. In recent times, genetic analysts and other scientists have come together to discuss and research the possibility of the existence of a homosexual gene[3] after the discovery that abnormal chromosomes in men can lead to aggressive behaviour[4] which can in turn cause a jury to believe that a male charged with a physical act, such as rape or murder, is more likely to do so.

Forensic identification has a myriad of roles in the judicial system and even outside of it. [6]

Identification of potential criminals – DNA can be extracted from items left behind at a crime scene, saliva, hair (with follicle intact), fingerprints and sometimes even skin cells.
Exonerate persons accused of crimes – False DNA matches can exclude a person from a suspects list.
Establish Relationships – DNA Tests are often taken to identify the biological mother and father of a person, sometimes, even siblings are tested. Paternal tests are the most common.
Assist in Organ Transplants –DNA testing ensures the correct and accurate match of blood type from one donor to another to ensure a successful transplant of organs or transfusion of blood.
Identify endangered and protected species as an aid to wildlife officials (could be used for prosecuting poachers)
Identify abnormalities in DNA Structure –In this situation, DNA is used to help explain the flaws or strange activities occurring within the DNA. This could be from an explanation to a malevolent tendency.

Social & Ethical Implication: DNA Becomes ‘barcode’ for people.

Science is often talked about as the new age, an age of development and a cause of advancement and progression. Can progression ever have a limit? In our society we are constantly being watched by means of closed-circuit television (CCTV)[7] and other types of security precautions and forms, many dispute that having the entire population’s DNA stored on file would be inhumane for the simple reason that it would be like updating a stock take system[8]. The establishment would be ‘labelling’ the world with their own personalised barcodes.

This theory has ...

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Social & Ethical Implication: DNA Becomes ‘barcode’ for people.

This theory has mainly come about due to the recent interest taken by people into how forensic identification takes place. The process is generally very costly if a lab doesn’t have the new technology created to be able to fully comprehend DNA typing. Once entered into the system a search begins to take place in which certain components of the DNA typing is used as a template to find near matches that are extremely likely to indicate potential relatives of the perpetrator whose names may already be in the database or even a previously convicted perpetrator. [9]

This system has often been discredited and insulted due to the possibility of genetic information being shared. Technically, because everyone one has a different DNA typing it is easy to say that everyone is unique, in keeping with this, it is similar to a credit card or a passport because it has vital information that is private and on a need to know basis.[10] The argument that is currently being put forward is that if our bank details, the same information that accounts for all of our wealth, have to be private then so should DNA typing, the very thing whose absence would make us all the same. Also, that putting us into a database can be classified as ‘marking’ us or ‘branding’ us as it is often referred to as the human barcode.[11]

Officials state that submitting DNA is just as east as giving police officers a fingerprint and should not alarm anyone.[12] However the rebuttal towards that point is very effective where Tania Simoncelli of the ACLU says DNA is far more personal than a fingerprint. A DNA sample "contains a great deal of information. It could be about susceptibility to disease, as well as your family history," Simoncelli says. "This is private, personal information about you that goes far beyond just your identification." [13]

In this scenario, I believe that the ethical implications have been largely exaggerated and people that feel the need to argue may just have something to hide. It’s similar to the situation of increased CCTV where people argue that they do not want to be watched even if it is for their safety, it makes you doubt their intentions and question them further because it sounds as if they do not want to be caught doing something they should not be doing.

Economic: Hard Evidence is often not enough to convict, so money is being spent on unnecessary testing.

A few decades ago, an unproven alibi, a motive and a witness was enough to secure a conviction, however, nowadays it is not even close to a conviction due to technological advancements. No matter how obvious the case is, normally a conviction cannot be secured without some time of DNA sample found at the crime scene or associated with the crime or even CCTV. This is a problem, mainly because of the volume of potential evidence that needs to be viewed to have DNA extracted that is not necessarily required.. [14]

Although DNA testing has become extremely common and is done in mass volumes around the world, the fact is that it’s not free. It takes time to go through genetic structural patterns and match up or link different structures to another; lately, with a strong recession we cannot afford to be constantly overusing a privilege at the price of the government’s money by testing for infidelity [15]. Time and resources both fuel a lot of expense especially considering it would be extremely difficult to refuse to take a DNA testing sample as most deem it necessary to have some sort of genetic proof or evidence to suggest that someone is guilty of a crime or someone is somehow related to another person (paternity tests). [16]

Taking the USA as an example, forensic DNA databanks have grown steadily in the last 20 years across the country. The first databases only included samples from convicted felons. Now some states and cities are taking DNA samples from arrestees and those convicted of misdemeanours. Although some studies have shown that larger databases correlate with greater numbers of DNA matches from crime scenes, there are also drawbacks to expanding a DNA database.[17]

Backlogs of DNA crime scene evidence are a significant concern across the country. The Los Angeles Times recently reported that the L.A. Police Department has nearly 7,000 untested DNA samples from sexual assault cases in cold storage. A state audit said the LAPD would need more than $9 million to clear the backlog. During the time that samples remain untested in cold storage, offenders may commit crimes that could have been prevented. [18]

It is far easier and less expensive to run known offender samples than it is to run crime scene samples. "You can run thousands of felon samples for every couple cases of crime scene evidence you run," Ferrara says. With a major DNA database expansion, a forensics department with a limited budget suddenly has to balance an existing backlog of crime scene samples with tens of thousands of known offenders who have to be added to the database right away.[20]

In conclusion, I believe that without modern genetics our judicial system would be as accurate as it is today, although I also believe that DNA evidence is relied upon too heavily in today’s society as in many cases where the prosecution has not been able to find a DNA match, but has other evidence such as motive and falsified alibi, the hard evidence is ignored and the case collapses completely where if the accused was guilty he can carry on committing the perfect crimes where he sheds no DNA.

Word Count (Excluding Bibliography): 1,555

[1] – Martin, Jacqueline. The English Legal System. Hodder Arnold, 2007. Print.

[2] – Watson, James, and Andrew Berry. DNA. Vintage, 2004. Print.

[3] – Toufexis, Anastasia. "New Evidence Of 'Gay Gene'."Time 13 Nov 1995, Print.

[4] – Anon, Anon. "Chromosome Abnormalities." Anthro Palomar. Palomar, -. Web. 07 Jun 2010. <http://anthro.palomar.edu/abnormal/abnormal_5.htm>.

[5] – "DNA." Ribbons. Web. 07 Jun 2010. <http://www.csb.yale.edu/userguides/graphics/ribbons/help/dna_rgb.html>.

[6] – Genge, Ngaire. The forensic casebook. Random House, Inc., 2002. Print.

[7] – Kruegle, Herman. CCTV surveillance. Butterworth-Heinemann, 2007. Print.

[8] – Winston, Morton, and Ralph Edelbach. Society, Ethics, and Technology. Wadsworth Pub Co, 2008. Print.

[9] – Shapiro, Ari. "Police Use DNA to Track Suspects Through Family." NPR 12 Dec 2007, Print.

[10] – Sandel, Michael. Justice. 2010, 2010. Print.

[11] – Winston, Morton, and Ralph Edelbach. Society, Ethics, and Technology. Wadsworth Pub Co, 2008. Print.

[12] – Anon, Anon. "Fingerprints." Onin. Web Servant, 10 May 2010. Web. 07 Jun 2010. <http://www.onin.com/fp/fphistory.html>.

[13] – Sandel, Michael, and Association Libraries. Choice. Belknap Press, 2007. Print.

[14] – Anon, Anon. "Overview 1900 Law." E Notes. E Notes, -. Web. 07 Jun 2010. <http://www.enotes.com/1900-law-justice-american-decades>.

[15] – "DNA Test Statistics." DNA Testing Centre. Web. 07 Jun 2010. <http://www.dnatestingcentre.com/statistics.htm>.

[16] – Lasarow, Avi, and David Blunkett. Who is really who?. 2006-02, 2006. Print.

[17] – Shapiro, Ari. "Crime Labs Struggle with Flood of DNA Samples ." NPR. NPR, 12 Dec 2007. Web. 07 Jun 2010. <http://www.npr.org/templates/story/story.php?storyId=17128750>.

[18] – Lim, Nelson. To protect and to serve. Rand Corp, 2009. Print.

[19] – "Vials in Lousiana." NPR. Web. 07 Jun 2010. <http://www.npr.org/templates/story/story.php?storyId=17128750>.

[20] – Dr. Paul Ferrara - Interview, Forensic Science July 2000