American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard...
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Transcript of American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard...
American Society of Law, Medicine & Ethics
DNA Forensics and Civil LibertiesWorkshop # 1
Harvard UniversityKennedy School of Government
Chris Asplen
Smith Alling Lane
The National Commission on the Future of DNA Evidence
Genesis:
Postconviction DNA Applications
Mission:
To Maximize the Effectiveness of DNA Technology in the Criminal Justice System
The National Commission on the Future of DNA Evidence
Working Group Structure:
• Postconviction
• Law Enforcement Training and Education
• Laboratory Funding
• Science and Technology
• Legal Issues
The National Commission on the Future of DNA Evidence
Summary of Accomplishments / Failures
• Postconviction • Recommendations
• Model legislation
• Law Enforcement Training and Education
• Pamphlet
• CD Roms
The National Commission on the Future of DNA Evidence
Summary of Accomplishments / Failures
• Laboratory Funding • Attention to backlog issue
• Failed to adequately address Lab Capacity
• Science and Technology • Formal report
The National Commission on the Future of DNA Evidence
Summary of Accomplishments / Failures
• Legal Issues • Formal Advice to Attorney General
• Failed to Formalize recommendations
The National Commission on the Future of DNA Evidence
Impact on Policy:
• Provided a forum to highlight Issues
• Postconviction
• Laboratory backlog
• Arrestee testing
The National Commission on the Future of DNA Evidence
Impact on Policy:
• Provided a Mechanism to produce resources
• Funding source for publications
• Source of expertise
International Experience
United Kingdom :
Goal:
“To database the entire criminal justice population”
Application:It was never a system based on convicted offenders but rather on suspects.
ALL profiles are retained (even of the exonerated)
International Experience
Europe:
• Offender sample collection approaches:• Specific enumerated offenses• General classes of offenders• Length of potential sentence• Suspects• Suspects (if DNA used)• Convicted offenders• Convicted offenders (if DNA used)
Legal Framework for International Data Sharing
Only voluntary
Many Countries specifically prohibit the international exchange of DNA data