DNA RETENTION

DNA Retention

DNA Retention

Introduction

The forensic sciences play an important role in investigating unsolved crimes, convicting the guilty, and exonerating the innocent. Yet the lack of uniform practices for storing, maintaining, and tracking forensic evidence can impede the use of forensic evidence for these purposes (National Research Council, 2009). The effectiveness of forensic evidence cannot be maximized unless more standardized procedures are implemented that assure greater consistency in the access to and application of forensic evidence across jurisdictions. Among the forensic disciplines, DNA in particular has emerged as a highly valuable tool for helping establish guilt as well as exonerating the innocent. Biological evidence can link a crime (or a series of crimes) to a particular suspect or victim, a process which can greatly benefit new investigations and the prosecution of “cold cases”. Forensic evidence, mainly DNA, can also serve an important function during the post-conviction process. This essay serves as a position paper addressing the potential issues, both positive and negative, for the collection of DNA from citizens.

Discussion

Forensic DNA testing originated in the United Kingdom. In due course, the United Kingdom became the first country to develop a large-scale DNA database for the purpose of criminal investigation (Peterson, 2000). Although it is now less extensive than the CODIS database in the United States, the UK national DNA database (NDNAD) remains much larger than comparable databases in other European countries. Between 1987 and 2005, the expansion (in both size and scope) of the NDNAD occurred piecemeal, and was largely regarded as a reflection of police operational concerns. In the United States, a national DNA database (managed through the CODIS software, the Combined DNA Index System) was developed by the FBI in 1998. In the United States, DNA information was initially collected only in cases involving sex offences (at least at the state level). There is little disagreement regarding the potential crime detection benefits associated with the use of DNA databases (Stevens, 2001). However, whether the risks associated with the use of DNA databases outweigh the benefits remains the source of ongoing debate. The main argument in favor of the crime detection benefits of DNA retention policies relates to the idea that criminal history is a strong predictor of future offending (Kurlycheck et al. 2006). However, various studies have suggested that this association dissipates over time (Laub & Sampson 2003). In light of these findings, the retention of DNA information may have diminished effects on crime detection over extended periods of time. On the other hand, given most offenders' propensity to engage in different types of crime over the course of their criminal career, the retention of DNA information may lead to the identification of serious offenders who have previously engaged in less serious forms of offending.

Law enforcement agencies vary widely in terms of their policies for retaining forensic evidence, especially in cases where a defendant has been convicted of a crime. Developing policies that provide clear guidelines for the preservation and documentation of biological evidence by law enforcement agencies ...