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Should Biological Evidence or DNA Be Retained by Forensic Science Laboratories after Profiling? No, except under Narrow Legislatively-Stipulated Conditions

Published online by Cambridge University Press:  01 January 2021

R. E. Gaensslen
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Extract

DNA profiling and databasing have become commonplace in criminal investigation and prosecution. There is a body of both state and federal legislation enabling the establishment and operation of profile databases for law enforcement purposes. Most legislation is specific as to who (or what evidence) may be profiled for inclusion in a database. The majority of state laws permit DNA profile databasing of offenders convicted of certain defined crimes, of missing persons and their relatives, and of DNA profiles from criminal-case evidence where the depositor is unknown. More recently, a few states have acted to permit databasing profiles of suspects of certain types of crimes, and there appears to be a trend toward wider adoption of this practice. The legislation adopted or proposed thus far defines whose DNA profiles can be databased, and under what circumstances. Less attention has been given to the matter of specimen retention following profiling and databasing.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 34 , Issue 2 , Summer 2006 , pp. 375 - 379
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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