DNA, crime and law enforcement

Personal Genetics Education Project (pgEd)Harvard Medical School - Wu Laboratory

www.pged.org

Do Now: Imagine that there have been a string of murders that appear to

be the work of one person. The police have a few leads, but little conclusive evidence. They have DNA, which they believe to be that of the murderer, but it does not match DNA profiles in the criminal databases. The police don’t have enough evidence to arrest the lead suspect, nor do they wish to alert him of their interest in him. Instead, they obtain a warrant to get a sample of DNA from a medical test of the suspect’s adult daughter to compare with DNA from the crime scenes. She does not know about this warrant and, therefore, has not given her consent.

1. Should the police require permission to analyze a DNA sample from the suspect’s child? Why or why not?

2. Take the position of one of the victim’s parents. Do you support this tactic? Why or why not?

3. Take the position of the suspect’s daughter, who has had her DNA secretly tested. Do you support this tactic? Why or why not?

Source: El Dorado Police Department

BTK Serial Killer – Dennis Rader

What is a criminal DNA database?

• Database of DNA profiles that is maintained by law enforcement agencies

• “Forensic Index” – Database of DNA profiles collected at crime scenes

• “Offender Index” - Database of DNA profiles collected from people who are arrested or convicted of a crime

Big Idea: Compare DNA from the forensic and offender indexes to find matches

Who is in U.S. criminal DNA databases?

• CODIS (the Combined DNA Index System): The FBI’s program for linking the federal, state and local DNA profiles in a single database.

• CODIS statistics (as of November, 2013):- DNA profiles from over 10,692,400 people are

in the “offender index.”

- This includes DNA profiles from over 1,711,100 arrestees.

- DNA profiles from over 527,400 samples found at crime scenes are in the “forensic index.”

www.fbi.gov/about-us/lab/biometric-analysis/codis/ndis-statistics

• 49 out of 50 states collect DNA from convicted felons.

• 33 states collect DNA from juvenile felony offenders.

• 38 states collect DNA for sex crime misdemeanors, while 12 also collect DNA for “other” misdemeanors.

What types of crimes require a person to provide a DNA sample?

Graffiti

False Advertising

Disorderly conduct (ex: protests)

http://www.bbc.co.uk/london/content/image_galleries/banksy_gallery.shtml?30

http://en.wikipedia.org/wiki/File:RNC2008_day2_protest_by_matt_sandy.jpg

http://healthinformatics.wikispaces.com/SketchersShapeUps

“Other” misdemeanors can include:

Maryland v. King

Supreme Court rules 5-4 that DNA can be taken from arrestees

Photo: npr.org

What has changed since CODIS was established in 1994?

• The databases are expanding. Some states are broadening the criteria for entry into their offender databases. For example, as of March 2012, New York state includes all people convicted of a misdemeanor.

CODIS in 2002: 1.2 million offender profilesCODIS in 2012: 9.7 million offender profiles

• Scientific leaps are creating new opportunities and challenges.

• Familial searching has generated interest and controversy.

• Familial searching targets specific family members of people already in a DNA database.

• Law enforcement agencies collect DNA from a crime scene and compare it to DNA profiles already in the database. If a perfect match is not found, they may look for a partial match with enough markers in common to suggest a familial relationship.

• If a partial match is found, law enforcement investigate family members further. They may need a DNA sample from the family member to confirm the connection. Sometimes, these samples are collected in secret or from unexpected places, such as a cup, cigarette or pizza crust from the trash.

What is familial searching?

What are the scientific controversies related to crime and DNA?

• Familial searching has helped law enforcement officials to make breakthroughs in some cases, enabling them to catch notorious criminals and exonerate innocent people.

• Critics say this puts an entire group of people – anyone who has a biological relative with a DNA profile in an offender database – under indefinite genetic surveillance.

• This technique disproportionately impacts minorities. For example, African-Americans make up 13% of the U.S. population, but 40% of the prison population.

http://quickfacts.census.gov/qfd/states/00000.html; http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim06.pdf US Bureau of Justice Statistics

AP file photo

Darryl Hunt reactsafter being clearedof charges after

19 years in prison for a murder hedidn’t commit

1. In the video clip, who was more persuasive – the Denver district attorney or the attorney concerned about privacy rights? Why?

2. Do you think familial searching is a tool more law enforcement agencies should use? Why or why not? What do you think about the idea that biological relatives of people in genetic databases are under “genetic surveillance?”

3. The reporter says, “Crime runs in families.” What does she mean? Is this a reasonable conclusion? Why or why not?

Discussion Questions