Although DNA profiling has been an important forensic research technique since the late 1980s, for a long time, it had not captured much attention from either academics or the public so far.In recent years, this neglect seems to have ended. Not only has wide-spread media coverage of events such as 9/11 and the 2004 tsunami brought about widespread knowledge of the usefulness of forensic DNA identification, the development of large databases containing DNA profiles of both suspected and convicted criminals has (...) in the last few years also triggered a discussion on the intrusiveness of these measures into a number of civil rights.Indeed, although the increasing use of DNA based techniques in the criminal justice system promises to offer some great benefits for a society that is permeated with risk-aversion, at the same time it also gives rise to some worrying ethical and social consequences.In this article, we confine ourselves to an analysis of the practice of DNA sample retention by government agencies that use these samples to derive digital storable DNA profiles. While this practice seems unnecessary for the purpose of criminal investigation, it carries some severe risks for genetic privacy rights which have hardly been explored so far. (shrink)

DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the scope of (...) the databases with little critical examination of each expansion's value to law enforcement or cost to privacy and civil liberties.We are now entering a new stage of DNA forensics, in which successive database expansions over the last decade have raised the possibility of creating a population-wide repository. In addition, new applications of DNA profiling, including familial and low stringency searches, have been added to DNA dragnets, the use of medical samples for forensic analysis, and other measures to create a series of crucial, yet largely unexplored, second-generation legal and policy issues. (shrink)

Current methods of forensic DNA profiling, based on Polymerase Chain Reaction amplifications of a varying number of Short Tandem Repeat loci found at different locations on the human genome, are regularly described as constituting the “gold standard for identification” in contemporary society. At a time when criminal justice systems in Europe and North America increasingly seek to utilize the epistemic authority of a variety of sciences in support of the apprehension and prosecution of suspects and offenders, genetic science and recombinant (...) DNA technology are often singled out for particular approbation. Indeed, the development and application of DNA profiling has been widely described as the “greatest breakthrough in forensic science since fingerprinting.”. (shrink)