Ethics Of DNA Testing In Criminal Investigations

Superior Essays
Introduction

DNA testing and identification is the greatest advancement in criminal justice since the process of using fingerprints to identify and convict criminals. Because DNA evidence is almost indisputable, its use in law enforcement has quickly grown. The way law enforcement utilizes DNA evidence is by collecting a sample from a convicted criminal and storing into a database. There are two basic applications of DNA testing in law enforcement; the first involves collecting DNA samples from a crime scene and comparing them to determine if they are a match. The second application involves constructing a database of the DNA from known criminals (Tracy & Morgan, 2000). This second application would seem to only be useful if the
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One problem with keeping this information on a computer is that the computer system is susceptible to hacking and anyone with the correct skills could illegally access all the DNA on file. The DNA bank that contains the physical samples is susceptible to robbery. If people are required to give up their most personal information, it may not be limited to the use of crime prevention and could become a slippery slope. A national DNA database, while possibility beneficial, is not ethical.

The Ethics of a DNA Databank

DNA databases include the DNA of convicted criminals and allow multiple law enforcement agencies to access this information and compare their samples they have collected, but this process is only effective if the DNA comes from an already convicted criminal. It is ethical and widely uncontroversial to limit the use of DNA databanks to only convicted criminals, but it becomes unethical when every citizen is required to relinquish their DNA. In 2004, California approved Proposition 69, “The DNA Fingerprint, Unsolved Crime, and Innocence Protection Act”, which expanded who can be included in the DNA database (Simoncelli & Steinhardt, 2006). This database initially only included
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While this information is currently used for only criminal investigations, it is a possibility that people could begin to be discriminated against because of their DNA. When people hear discrimination, they instantly think racial discrimination, but DNA discrimination goes far beyond skin color and physical appearance. Genetic tests and DNA can help clue health care providers about effective treatments of diseases in each individual (Institute, 2015). Health care companies could refuse coverage to a person because their genetic information states they are at a high risk for diabetes. Employers could refuse to hire employees because their genes do match expectations. Although the Genetic Information Nondiscrimination Act protects against these things from happening, it is a real possibility that people will be discriminated against because of their genes. Laws are not always permanent and can be subject to change; with the creation of a national DNA databank employers or health care providers may push for an amendment to this law that will allow them to refuse services to people with “faulty” DNA. A national DNA databank could also create a divide between people with superior genes who receive perks and benefits and “undesirables” who are shunned and refused quality of

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