The Use Of DNA In Criminal Investigations

1331 Words3 Pages
bulb-icon

Recommended: Writing a literature review on dna in criminal investigation

I – Introduction
The use of DNA in the process of criminal investigations has become a useful tool in the facilitation of justice. In order to enhance its effectiveness, proposals for the expansion of DNA databases are common. But how would the implementation of a universal, compulsory database in New Zealand be received? The rights most notably at tension here are various privacy rights of individuals, and the public safety value in crime-solving, both of which remain highly valued in our society. Considering the value of such a scheme requires stark evaluation of how it will impact upon these rights. When considering the wider implications of such a program on society, it remains evident that the breaches in privacy rights are significant. …show more content…

It is within a person’s sphere of privacy that the person nurtures his or her autonomy and shapes his or her individual identity. The nexus between human dignity and privacy is particularly close.
Privacy is defined by Gavison as having three elements, which can be effectively summarised with the following three terms - secrecy, solitude and anonymity:
Our interest in privacy…is related to our concern over our accessibility to others: the extent to which we are known to others, the extent to which others have physical access to us, and the extent to which we are subject of others' attention.
When considering the collection of DNA under Gavison’s principles of privacy it clearly constitutes a violation. The highly personalised and important nature of our genetic information lends to the secrecy and anonymity portions of the privacy right. While the actual collection of DNA involves infringement on spatial privacy, or a person’s freedom from unwanted …show more content…

These DNA profiles, referred to as junk DNA, in theory only contain the information necessary to get an accurate match, omitting the truly fundamental elements of the persons DNA. The reality is that DNA is relatively new, and to an extent uncertain science, markers previously thought to be meaningless now have been found to contain predictive medical information. It has therefore been theorised that as technology develops we will discover more about what information this ‘junk DNA’ can provide.
One of the most pressing concerns for any development of a universal DNA database for New Zealand is the idea of function creep causing the database to adapt to meet other needs not initially intended. New Zealand’s existing database has been subject to this, with parliamentary Hansard comments in the 2009 Bill indicating it was intended that the scope of the Act be widened over time. The possible reality of function creep is rather concerning, and therefore its likelihood and effects should be evaluated prospectively as noted by

Show More
Related

  • Rhetorical Analysis Of Why Privacy Matters Even If You Have Nothing To Hide

    496 Words  | 1 Pages

    The word “privacy” has a different meaning in our society than it did in previous times. You can put on Privacy settings on Facebook, twitter, or any social media sights, however, nothing is truly personal and without others being able to view your information. You can get to know a person’s personal life simply by typing in their name in google. In the chronicle review, “Why Privacy Matters Even if You Have ‘Nothing to Hide,'" published on May 15th 2011, Professor Daniel J. Solove argues that the issue of privacy affects more than just individuals hiding a wrong. The nothing-to-hide argument pervades discussions about privacy. Solove starts talking about this argument right away in the article and discusses how the nothing-to-hide

    Read More

  • The Use of Force to Gain DNA Samples

    547 Words  | 2 Pages

    DNA evidence should not be colvcslected from suspects as a matter of routine. To do so will cause unnecessary privacy intrusion; in the vast majority of criminal cases DNA evidence will contribute nothing to the investigation. Thus, it would not be appropriate for Parliament to give blanket authority to collect DNA samples from all persons suspected of indictable offences. DNA should also not be collected from a suspect if investigators have no DNA evidence with which to compare the suspect's sample. Nor would a DNA sample be necessary if the suspect admitted guilt.

    Read More

  • Frankenstein Today

    1112 Words  | 3 Pages

    The more we know about genetics and the building blocks of life the closer we get to being capable of cloning a human. The study of chromosomes and DNA strains has been going on for years. In 1990, the Unites States Government founded the Human Genome Project (HGP). This program was to research and study the estimated 80,000 human genes and determine the sequences of 3 billion DNA molecules. Knowing and being able to examine each sequence could change how humans respond to diseases, viruses, and toxins common to everyday life. With the technology of today the HGP expects to have a blueprint of all human DNA sequences by the spring of 2000. This accomplishment, even though not cloning, presents other new issues for individuals and society. For this reason the Ethical, Legal, and Social Implications (ELSI) was brought in to identify and address these issues. They operate to secure the individuals rights to those who contribute DNA samples for studies. The ELSI, being the biggest bioethics program, has to decide on important factors when an individual’s personal DNA is calculated. Such factors would include; who would have access to the information, who controls and protects the information and when to use it? Along with these concerns, the ESLI tries to prepare for the estimated impacts that genetic advances could be responsible for in the near future. The availability of such information is becoming to broad and one needs to be concerned where society is going with it.

    Read More

  • The Pros And Cons Of The NSA

    2057 Words  | 5 Pages

    One of the most sacred ideas that we hold dear is our right to privacy. It a simple correlation between being free and doing what we want, legally speaking, in our own homes and lives. Unfortunately, our lives seem to become less...

    Read More

  • DNA Evidence: The Innocence Project

    2143 Words  | 5 Pages

    The Innocence Project, using DNA evidence, has gone back to past cases and exonerated innocent people when they were wrongly convicted. There may be many reasons that several people are wrongly convicted every year. However, there are 6 reasons deemed as the most important regarding wrongful convictions. These reasons are eyewitness misidentification, unvalidated or improper forensic science, false confessions or admissions, government misconduct, informants or snitches, and bad lawyering (understand the causes).

    Read More

  • Personal Privacy in a Technologically Public World

    2496 Words  | 5 Pages

    The degree of privacy protection may differ among cultures and countries, and correspondence may encompass anything from a casual conversation among family members to extensive use of advanced telecommunications devices, but the principle remains the same: at a fundamental level, all human beings have a right to lawfully go about their ordinary business without interference or surveillance. Governments wishing to avoid United Nations sanctions may not make laws abridging these basic rights, and furthermore, must make it unlawful for other entities to do so as well. As the product of an international organization, the Declaration of Human Rights makes a strong case for a universal set of basic rights that follow from innate characteristics shared by all humans, in particular our sense of our own individual identities, and our ability to make choices based on intelligent reflection as opposed to instinctive reaction. In short, the Declaration of Human Rights recognizes the concept of "personhood", and supports the right of each person to a private personal life. This paper addresses some of the issues surrounding the growing use of technology in our everyday lives, and it's impact on personal privacy, particularly in the United States.

    Read More

  • Privacy Postulates Of Privacy Essay

    785 Words  | 2 Pages

    Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The Supreme Court protected the right to privacy of prostitute. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. Privacy has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests

    Read More

  • The Forensic Science: The History Of DNA In Forensic Science

    765 Words  | 2 Pages

    DNA in forensic science has been around for a long time. DNA has had help in solving almost every crime committed. There have been a lot of crimes where people are raped or murdered and the person who did it runs free. Scientists can collect the littlest item they see at the scene, such as a cigarette butt or coffee cup and check it for DNA. People have spent years in jail for a crime they didn’t commit till DNA testing came into effect. People are getting out of jail after 20 years for a crime they didn’t commit, cause of the DNA testing. DNA has helped medical researchers develop vaccines for disease causing microbe. DNA has become a standard tool of forensics in many murders and rapes.

    Read More

  • The Pros And Cons Of DNA Collection And Its Relationship To Solving Crime

    1511 Words  | 4 Pages

    This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community.

    Read More

  • The Pros And Cons Of DNA Fingerprinting

    1124 Words  | 3 Pages

    Deoxyribonucleic acid (DNA) is an acclaimed extraordinary discovery that has contributed great benefits in several fields throughout the world. DNA evidence is accounted for in the majority of cases presented in the criminal justice system. It is known as our very own unique genetic fingerprint; “a chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called 'DNA fingerprinting ')” (Duhaime, n.d.). DNA is found in the nuclei of cells of nearly all living things.

    Read More

  • Use of DNA in Criminal Investigations

    2857 Words  | 6 Pages

    Before the 1980s, courts relied on testimony and eyewitness accounts as a main source of evidence. Notoriously unreliable, these techniques have since faded away to the stunning reliability of DNA forensics. In 1984, British geneticist Alec Jeffreys of the University of Leicester discovered an interesting new marker in the human genome. Most DNA information is the same in every human, but the junk code between genes is unique to every person. Junk DNA used for investigative purposes can be found in blood, saliva, perspiration, sexual fluid, skin tissue, bone marrow, dental pulp, and hair follicles (Butler, 2011). By analyzing this junk code, Jeffreys found certain sequences of 10 to 100 base pairs repeated multiple times. These tandem repeats are also the same for all people, but the number of repetitions is highly variable. Before this discovery, a drop of blood at a crime scene could only reveal a person’s blood type, plus a few proteins unique to certain people. Now DNA forensics can expose a person’s gender, race, susceptibility to diseases, and even propensity for high aggression or drug abuse (Butler, 2011). More importantly, the certainty of DNA evidence is extremely powerful in court. Astounded at this technology’s almost perfect accuracy, the FBI changed the name of its Serology Unit to the DNA Analysis Unit in 1988 when they began accepting requests for DNA comparisons (Using DNA to Solve Crimes, 2014).

    Read More

  • Individual Privacy versus National Security

    1933 Words  | 4 Pages

    The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...

    Read More

  • The Right to Privacy

    1243 Words  | 3 Pages

    Today, because privacy is a emerging right, a discussion of privacy is usually consists of a list of examples where the right has been recognized. Privacy can be talked about in the nature of the right and the source of the right. There are four rights in the USA, unreasonable intrusion such as physical invasion, appropriation of a persons name or likenesss, publication of private facts such as income tax data or sexual relations, and publication that places a person in a false light, and the only one that is widely accepted in the US is the second one. A person might also recover under intentional infliction of emotional distress, assa...

    Read More

  • Privacy vs. Security

    1260 Words  | 3 Pages

    The fight for privacy rights are by no means a recent conflict. In fact, there was conflict even back in the days before the revolutionary war. One of the most well-known cases took place in England, ...

    Read More

  • Privacy Essay

    1284 Words  | 3 Pages

    As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.

    Read More

More about The Use Of DNA In Criminal Investigations

Open Document