Collecting and using DNA

Title: Collecting and using DNA

Collecting and using DNA

Prior to beginning this activity, Review the required resources:

Read:

• Debating DNA collection (Links to an external site.)
• The legal, social and ethical controversy of the collection and storage of fingerprint profiles and DNA samples in forensic science (Links to an external site.)
• Big Brother and his science kit: DNA databases for 21st-century crime control?
• Genealogy databases and the future of criminal investigation (Links to an external site.)

The collecting and using DNA paper should address the following elements:

• Differentiate the scientific processes for different types of trace evidence.
• Summarize the ethical challenges involving DNA databases.
• Analyze the legal issues related to the pre-conviction collection of DNA samples.

The collecting and using DNA

• Must be approximately 1,000 words (approximately four double-spaced pages in length, not including title and references pages) and formatted according to APA style as outlined in the Writing Center (Links to an external site.).
• Must include a separate title page with the following:
  • Title of paper
  • Student’s name
  • Course name and number
  • Instructor’s name
  • Date submitted
• Must use at least two scholarly, peer-reviewed, and/or credible sources in addition to the course text and required resources.
• Must document all sources in APA style as outlined in the Writing Center.
• Must include a separate references page that is formatted according to APA style as outlined in the Writing Center.

Differentiate the scientific processes for different types of trace evidence in collecting and using DNA

Trace evidence refers to small or microscopic samples that can be used to link a suspect or crime scene to a crime. There are several different types of trace evidence, each with its own unique scientific process for analysis.

• Fingerprints: Fingerprints are analyzed by comparing a suspect's fingerprints to those found at a crime scene. This is done by using a magnifying glass or microscope to examine the patterns and characteristics of the fingerprints, such as the ridges and valleys. If a match is found, the fingerprints can be used to link the suspect to the crime scene.

• DNA: DNA analysis is used to match a suspect's DNA to that found at a crime scene. This is done by extracting DNA from a sample, such as blood or semen, and then comparing it to a suspect's DNA using a technique called polymerase chain reaction (PCR). If a match is found, the DNA can be used to link the suspect to the crime scene.

• Hair: Hair analysis is used to match a suspect's hair to hair found at a crime scene. This is done by comparing the physical characteristics of the hair, such as color, texture, and diameter, as well as by analyzing the DNA found in the hair. If a match is found, the hair can be used to link the suspect to the crime scene.

• Fibers: Fiber analysis is used to match fibers found at a crime scene to fibers found on a suspect's clothing or in their vehicle. This is done by comparing the physical characteristics of the fibers, such as color, texture, and diameter, as well as by analyzing the composition of the fibers using techniques such as microscopy and spectroscopy. If a match is found, the fibers can be used to link the suspect to the crime scene.

• Paint: Paint analysis is used to match paint found at a crime scene to paint found on a suspect's vehicle or other property. This is done by comparing the physical characteristics of the paint, such as color, texture, and composition, as well as by analyzing the chemical composition of the paint using techniques such as microscopy and spectroscopy. If a match is found, the paint can be used to link the suspect to the crime scene.

• Glass: Glass analysis is used to match glass found at a crime scene to glass found on a suspect's vehicle or other property. This is done by comparing the physical characteristics of the glass, such as color, texture, and shape, as well as by analyzing the chemical composition of the glass using techniques such as microscopy and spectroscopy. If a match is found, the glass can be used to link the suspect to the crime scene.

Summarize the ethical challenges involving DNA databases

DNA databases are collections of DNA samples that are used for a variety of purposes, such as criminal investigations and forensic analysis. However, the use of DNA databases raises a number of ethical challenges.

• Privacy: One of the main ethical challenges involving DNA databases is the potential violation of privacy. DNA samples contain a great deal of personal information, including genetic predispositions to certain diseases and inherited traits. If a DNA sample is entered into a database, it can potentially be accessed and used by a wide range of people and organizations, including law enforcement, insurance companies, and employers.

• Profiling: DNA databases can also be used for racial or ethnic profiling. This is the practice of using a person's race or ethnicity to identify them as a suspect in a crime. This can lead to discrimination and bias in criminal investigations and can be a violation of civil rights.

• False convictions: DNA databases have been used to exonerate individuals who have been wrongfully convicted. However, the use of DNA databases can also lead to false convictions, if the DNA sample is mishandled or if the DNA analysis is not conducted properly.

• Access to DNA: Not everyone has equal access to DNA analysis, this could lead to discrimination based on social class, race, or ethnicity.

• Retention of DNA: Some DNA databases retain DNA samples permanently and indefinitely, even if the individual is cleared of any criminal charges. This can lead to a violation of privacy and can create a stigma for the individual.

• Misuse of DNA: There is a risk of DNA being misused for non-law enforcement purposes, such as for genetic research without the knowledge or consent of the individual.

Overall, the ethical challenges involving DNA databases highlight the need for careful consideration of the potential risks and benefits of DNA analysis and the importance of developing and implementing guidelines and regulations to ensure that the use of DNA databases is fair, and just, and respects individuals' rights and privacy.

Analyze the legal issues related to the pre-conviction collection of DNA samples

The collection of DNA samples prior to conviction raises a number of legal issues, including those related to privacy, due process, and the Fourth Amendment's protection against unreasonable search and seizure.

• Privacy: The collection of DNA samples can be considered a search and therefore, it is subject to the Fourth Amendment's requirement that a search is reasonable. DNA samples contain a great deal of personal information, including genetic predispositions to certain diseases and inherited traits, which raises concerns about privacy.

• Due Process: The collection of DNA samples prior to conviction can also raise due process concerns, as it may be considered a form of punishment before an individual has been found guilty of a crime.

• Fourth Amendment: The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable search and seizure by the government. The collection of DNA samples can be considered a search and therefore, it is subject to the Fourth Amendment's requirement that a search is reasonable.

• Voluntary vs. Forced Collection: The collection of DNA samples can be either voluntary or forced. In the voluntary collection, individuals agree to provide a DNA sample, whereas, in the forced collection, individuals are compelled to provide a DNA sample. Forced collection can raise more legal issues as it may be considered a violation of the Fourth Amendment's protection against unreasonable search and seizure.

• Collection from arrestees vs. Suspects: The collection of DNA samples can be done from arrestees or suspects. Collection from arrestees is more controversial as it may be considered a violation of the Fourth Amendment's protection against unreasonable search and seizure, particularly if the arrest is not related to a crime that is typically associated with DNA evidence.

• Retention of DNA samples: The retention of DNA samples can also raise legal issues. Some DNA databases retain DNA samples permanently and indefinitely, even if the individual is cleared of any criminal charges. This can lead to a violation of privacy and can create a stigma for the individual.

Overall, the legal issues related to the pre-conviction collection of DNA samples highlight the importance of balancing the interests of law enforcement and the rights of individuals and the need for clear and consistent guidelines and regulations to ensure that the collection and retention of DNA samples is done in a way that respects individuals' rights and privacy.

SOURCES

Dutelle, A. W. (2017). An introduction to crime scene investigation (3rd ed.). Retrieved from https://www.vitalsource.com/

• Chapter 9: Trace Evidence
• Chapter 10: Blood and Biological Evidence
• Berson, S. B. (2009). Debating DNA collection links to an external site. National Institute of Justice, 264. Retrieved fromhttp://www.nij.gov/journals/264/pages/debating-DNA.aspx
• Michael, K. (2010, June). The legal, social and ethical controversy of the collection and storage of fingerprint profiles and DNA samples in forensic science links to an external site.. 2010 IEEE International Symposium on Technology and Society.doi:10.1109/ISTAS.2010.5514654
• Ram, N., Guerrini, C. J., & McGuire, A. L. (2018). Genealogy databases and the future of criminal investigation links to an external site. Science (New York, N.Y.), 360(6393), 1078–1079. https://doi.org/10.1126/science.aau1083. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6542732/
• Tracy, P. E., & Morgan, V. (2000). Big Brother and his science kit: DNA databases for 21st-century crime control? The Journal of Criminal Law and Criminology (1973-), 90(2), 635-690. doi:10.2307/1144232
• U.S. Department of Justice, Office of the Attorney General. (2014, September 9). Advancing justice through DNA technology: Using DNA to solve crimesLinks to an external site. Retrieved from: http://www.justice.gov/ag/advancing-justice-through-dna-technology-using-dna-solve-crimes