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Bioethical Objections to DNA Databases for Law Enforcement: Questions and Answers

NCJ Number
193716
Journal
Seton Hall Law Review Volume: 31 Issue: 4 Dated: 2001 Pages: 936-948
Author(s)
D. H. Kaye
Date Published
2001
Length
13 pages
Annotation
This article reviews ethical objections to DNA databanking.
Abstract
Collection of DNA, as currently practiced in almost all jurisdictions, involves taking a sample of blood, saliva, or other tissue or fluid from a convicted offender, reserving a fraction for analysis, and preserving and storing the remainder. Analysis is generally limited to 13 locations that yield patterns, or genotypes, that approach the level of unique identification. These genotypes, expressed as a set of numbers, are entered into local and State databases. From there, they can be uploaded to the National DNA Index System maintained by the FBI. Databases contain data or records (e.g., the genotypes) and databanks simply store the original samples taken from offenders. Objections to these procedures, and to databanking in general, include: (1) criminal DNA databanking, which started with sex offenders, is expanding to encompass all offenders; (2) DNA typing is not a mature enough technology to avoid false matches; (3) extracting DNA samples invades bodily integrity; (4) forensic genotyping reveals intensely personal information; (5) offender databases and databanks are being used for purposes other than criminal justice; (6) DNA databanking invades the privacy of innocent relatives; and (7) using samples from offender databanks for population genetics or behavioral genetics research violates the Nuremberg Code. Notes

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