DNA and the Criminal Justice System

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  • Format: Paperback
  • Copyright: 2004-11-01
  • Publisher: Mit Pr
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Is DNA technology the ultimate diviner of guilt or the ultimate threat to civil liberties? Over the past decade, DNA has been used to exonerate hundreds and to convict thousands. Its expanded use over the coming decade promises to recalibrate significantly the balance between collective security and individual freedom. For example, it is possible that law enforcement DNA databases will expand to include millions of individuals not convicted of any crime. Moreover, depending on what rules govern access, such databases could also be used for purposes that range from determining paternity to assessing predispositions to certain diseases or behaviors. Thus the use of DNA technology will involve tough trade-offs between individual and societal interests. This book, written by a distinguished group of authors including US Supreme Court Justice Stephen Breyer, explores the ethical, procedural, and economic challenges posed by the use of DNA evidence as well as future directions for the technology. After laying the conceptual historical, legal, and scientific groundwork for the debate, the book considers bioethical issues raised by the collection of DNA, including the question of control over DNA databases. The authors then turn to the possible genetic bases of human behavior and the implications of this still-unresolved issue for the criminal justice system. Finally, the book examines the current debate over the many roles that DNA can and should play in criminal justice.

Author Biography

David Lazer is Associate Professor of Public Policy at the John F. Kennedy School of Government at Harvard University

Table of Contents

Series Forewordp. ix
Preface. DNA: Diviner of Guilt or Threat to Liberty?p. xi
Acknowledgmentsp. xvii
Laying the Groundworkp. 1
Introduction: DNA and the Criminal Justice Systemp. 3
Furthering the Conversation about Science and Societyp. 13
Science and Technology of Forensic DNA Profiling: Current Use and Future Directionsp. 23
Fingerprint Identification and the Criminal Justice System: Historical Lessons for the DNA Debatep. 63
The Relative Priority that Should Be Assigned to Trial Stage DNA Issuesp. 91
Lessons from DNA: Restriking the Balance between Finality and Justicep. 109
Balancing Privacy and Securityp. 133
Genetic Privacyp. 135
Ethical and Policy Guidancep. 147
Privacy and Forensic DNA Data Banksp. 173
DNA Tests and Databases in Criminal Justice: Individual Rights and the Common Goodp. 197
Strands of Privacy: DNA Databases, Informational Privacy, and the OECD Guidelinesp. 225
DNA Databases for Law Enforcement: The Coverage Question and the Case for a Population-Wide Databasep. 247
The Coming Storm: Crime and Behavioral Geneticsp. 285
DNA and Human-Behavior Genetics: Implications for the Criminal Justice Systemp. 287
Selective Arrests, an Ever-Expanding DNA Forensic Database, and the Specter of an Early-Twenty-First-Century Equivalent of Phrenologyp. 315
Defining the Discoursep. 335
DNA's Identity Crisisp. 337
DNA and the Criminal Justice System: Consensus and Debatep. 357
List of Contributorsp. 391
Indexp. 393
Table of Contents provided by Ingram. All Rights Reserved.

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