NCJ Number
187497
Journal
American Criminal Law Review Volume: 37 Issue: 3 Dated: Summer 2000 Pages: 1219-1237
Editor(s)
Stacey E. Ostfeld
Date Published
2000
Length
30 pages
Annotation
DNA evidence has become a common feature in criminal trials in the United States, and this note discusses the efficacy of developing a universal DNA database.
Abstract
The use of DNA fingerprinting as a forensic tool has undergone a dramatic change. While initially limited to confirming the identity of an individual already suspected of committing a specific crime, the use of offender DNA databases has altered the way a criminal investigation can proceed. Very small amounts of DNA recovered from a crime scene can be used to link an otherwise unknown suspect to the crime. While existing offender DNA databases have been upheld over fourth amendment challenges, they have survived largely because of the minimal privacy expectations offenders have due to their status as offenders. The author believes that extending this principle to the context of free persons who are not suspected of any other crime is unwarranted and that attempts to implement a universal DNA database containing DNA fingerprints from every member of society would not withstand constitutional scrutiny because free persons have no diminished expectations of privacy. In addition, the author indicates that allowing a universal DNA database would harm the delicate trust relationship between citizens and their government--allowing the government to intrude without suspicion that an individual violated a law would allow the government to violate that individual's privacy. Common testing procedures used to produce DNA fingerprints are discussed, as well as the composition of existing offender DNA databases. 133 footnotes