This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (e.g. (...) 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility. (shrink)

The political and financial investments in the implementation of forensic DNA databases and the ethical issues related to their use and expansion justify inquiries into their performance and general utility. The main function of a forensic DNA database is to produce matches between individuals and crime scene stains, which requires a constant input of individual profiles and crime scene stains. This is conditioned, among other factors, by the legislation, namely the criteria for inclusion of profiles and the periods of time (...) and conditions for their retention and/or deletion. This article aims to provide an overview of the different legislative models for DNA databasing in Europe and ponder if wider inclusion criteria – and, consequently, database size – translates into more matches between profiles of crime scene stains and included individuals. The legislation governing forensic DNA databases in 22 countries in the European Union was analysed in order to propose a typology of two major groups of legislative criteria for inclusion/retention of profiles that can be classified as having either expansive effects or restrictive effects. We argue that expansive criteria for inclusion and retention of profiles do not necessarily translate into significant gains in output performance. (shrink)

The COVID‐19 pandemic has infected millions around the world. Governments initially responded by requiring businesses to close and citizens to self‐isolate, as well as funding vaccine research and implementing a range of technologies to monitor and limit the spread of the disease. This article considers the use of smartphone metadata and Bluetooth applications for public health surveillance purposes in relation to COVID‐19. It undertakes ethical analysis of these measures, particularly in relation to collective moral responsibility, considering whether citizens ought, or (...) should be compelled, to comply with government measures. (shrink)

In this paper I, firstly (section 1), distinguish between human rights, natural rights and institutional rights and argue that some so-called human rights, such as the right to life, are natural rights and others, such as the right to vote, are institutional rights. Secondly (section 2), I sketch my account of joint rights (developed in more detail elsewhere1) and apply it to two kinds of entities that are importantly different from one another and from individual human beings, namely, business corporations (...) (section 3) and non-human animals (section 4). I do so to test the scope of joint rights in the context of the ascription of joint rights to human beings being uncontroversial (although the analysis of joint rights is far from being a settled matter). I argue that neither corporations nor animals have joint moral rights, since in neither case do they have moral rights, but that they do have, or at least they ought to have, legal rights, and some of these legal rights arguably ought to be joint legal rights. In doing so, I introduce a significant theoretical innovation to the literature on joint rights, namely, that of a layered structure of joint rights. (shrink)