NCJ Number
243206
Journal
American Criminal Law Review Volume: 50 Issue: 1 Dated: Winter 2013 Pages: 109-163
Date Published
2013
Length
55 pages
Annotation
This article examines the constitutional basis for conducting DNA database kinship searches for use in criminal investigations.
Abstract
"Familial searching" in law enforcement DNA databases has been pilloried as a step "towards eugenics and corruption of blood" and "lifelong genetic surveillance" that is "inconsistent with a basic pillar of American political thought." Courts have yet to address the issue fully, but several commentators contend the practice is unwise, unjust, or unconstitutional. This article examines the more significant constitutional claims. It concludes that although kinship matching should not be implemented simply because it is technologically seductive, neither should it be removed from the realm of permissible law enforcement information gathering on constitutional grounds. In reaching this conclusion, the article describes the logic of kinship analysis; clarifies the nature of partial-match searching; shows how an advanced system of DNA databases could yield additional, accurate leads in the investigation of both routine and high profile crimes; and explains why this system, if properly implemented, is compatible with constitutionally protected interests of both convicted offenders and their close relatives. (Published Abstract)