How do we use DNA in law enforcement and forensics? How do we use DNA in law enforcement and forensics?

Personal Genetics Education Project Harvard Medical School

www.pged.org

Do Now: There is a serial killer at large; the police have a lead but not

enough to make the arrest. There is DNA believed to be that of the murderer at the crime scenes, but it doesn’t match DNA in the criminal offender databases. The police don’t have enough evidence to get a warrant to search the lead suspect’s house. Instead, they obtain a warrant to get a sample of DNA from a medical test of the suspect’s (adult) daughter, in an effort to link the suspect’s DNA to the crimes. The daughter does not know about or consent to this.

1. Should the police be able to analyze a DNA sample, without permission, from the child of a suspect? 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 had her DNA secretly subpoenaed. Do you support this tactic? Why or why not?

BTK Serial Killer – Dennis RaderBTK Serial Killer – Dennis Rader

Source: El Dorado Police Department

• Database of genetic information that is maintained by law enforcement agencies

• “Forensic Index”: DNA collected at a crime scene

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

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

What is a criminal DNA database? What is a criminal DNA database?

• CODIS: FBI’s program for linking the federal, state and local DNA profiles in a single database

• There are 10,376,000+ people who are part of the “offender index” in the Combined DNA Index System

(CODIS) in the US as of 2013

• 1,515,800+ arrestee profiles are part of CODIS

• 493,500+ samples in the “forensic index” (found at a crime scene)

Who is in our various state and federal DNA databases?

Who is in our various state and federal DNA databases?

What do you have to do to have your DNA added to a database?

What do you have to do to have your DNA added to a database?

• In 49 out of 50 states, a felony conviction means your DNA will be collected and stored

• 33 states collect DNA from juvenile felony offenders

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

Supreme Court rules DNA can be taken from arrestees

Supreme Court rules DNA can be taken from arrestees

King v. Maryland

Graffiti

False Advertising

“ Other” Misdemeanors can include:

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

• The databases are expanding – states are widening the criteria for entrance into their databases (New York State just expanded all people convicted of a misdemeanor in March 2012).

•CODIS is growing at a rate of 80,000 new additions annually.

• Scientific leaps are creating new opportunities and challenges.

• Familial searching – also known as “partial match” searching – has generated interest and controversy.

What has changed in the last 16 years since CODIS was established?

What has changed in the last 16 years since CODIS was established?

Familial SearchingFamilial Searching

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

• Law enforcement runs a DNA crime scene sample to look for a match in database - partial match rather than exact match.

• Look in records to see if the person in database has a close relative who could be a suspect - if so, investigate further, interview, possibly secretly obtain DNA sample (from a cup, cigarette, pizza crust, etc.).

• Has produced some amazing breakthroughs in cases – caught BTK, Grim Sleeper, Shoe Rapist and has exonerated innocent people

• But, critics say this creates an entire group of people subject to indefinite genetic surveillance

• Disproportionately impacts minorities, i.e. African-Americans make up 13% of population, but 40% 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

What are the scientific controversies?

Discussion QuestionsDiscussion Questions

1. In the 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? Is it fair that relatives of people in genetic databases are under “genetic surveillance” simply because they share DNA with someone in the database? Explain.

3. The reporter says, “Crime runs in families.” What is she referring to? Why or why not is this a reasonable conclusion?