Genetic Testing and the Criminal Law

Genetic Testing and the Criminal Law

Author: Don Chalmers

Publisher: Taylor & Francis

Published: 2017-09-25

Total Pages: 271

ISBN-13: 113542862X

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Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.


The Evaluation of Forensic DNA Evidence

The Evaluation of Forensic DNA Evidence

Author: National Research Council

Publisher: National Academies Press

Published: 1996-12-12

Total Pages: 270

ISBN-13: 0309134404

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In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.


DNA Technology in Forensic Science

DNA Technology in Forensic Science

Author: National Research Council

Publisher: National Academies Press

Published: 1992-02-01

Total Pages: 199

ISBN-13: 0309045878

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Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.


Assessing Genetic Risks

Assessing Genetic Risks

Author: Institute of Medicine

Publisher: National Academies Press

Published: 1994-01-01

Total Pages: 353

ISBN-13: 0309047986

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Raising hopes for disease treatment and prevention, but also the specter of discrimination and "designer genes," genetic testing is potentially one of the most socially explosive developments of our time. This book presents a current assessment of this rapidly evolving field, offering principles for actions and research and recommendations on key issues in genetic testing and screening. Advantages of early genetic knowledge are balanced with issues associated with such knowledge: availability of treatment, privacy and discrimination, personal decision-making, public health objectives, cost, and more. Among the important issues covered: Quality control in genetic testing. Appropriate roles for public agencies, private health practitioners, and laboratories. Value-neutral education and counseling for persons considering testing. Use of test results in insurance, employment, and other settings.


Inside the Cell

Inside the Cell

Author: Erin E Murphy

Publisher: Bold Type Books

Published: 2015-10-06

Total Pages: 399

ISBN-13: 1568584709

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Josiah Sutton was convicted of rape. He was five inches shorter and 65 pounds lighter than the suspect described by the victim, but at trial a lab analyst testified that his DNA was found at the crime scene. His case looked like many others -- arrest, swab, match, conviction. But there was just one problem -- Sutton was innocent. We think of DNA forensics as an infallible science that catches the bad guys and exonerates the innocent. But when the science goes rogue, it can lead to a gross miscarriage of justice. Erin Murphy exposes the dark side of forensic DNA testing: crime labs that receive little oversight and produce inconsistent results; prosecutors who push to test smaller and poorer-quality samples, inviting error and bias; law-enforcement officers who compile massive, unregulated, and racially skewed DNA databases; and industry lobbyists who push policies of "stop and spit." DNA testing is rightly seen as a transformative technological breakthrough, but we should be wary of placing such a powerful weapon in the hands of the same broken criminal justice system that has produced mass incarceration, privileged government interests over personal privacy, and all too often enforced the law in a biased or unjust manner. Inside the Cell exposes the truth about forensic DNA, and shows us what it will take to harness the power of genetic identification in service of accuracy and fairness.


Genetics, Crime and Justice

Genetics, Crime and Justice

Author: Debra Wilson

Publisher: Edward Elgar Publishing

Published: 2015-08-28

Total Pages: 268

ISBN-13: 1783478829

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As our understanding of genetics increases, its application to criminal justice becomes more significant. This timely book examines the use of genetic information both in criminal investigations and during the trial process. It discusses current scient


ABA Standards for Criminal Justice

ABA Standards for Criminal Justice

Author: American Bar Association. Criminal Justice Standards Committee

Publisher: American Bar Association

Published: 2007

Total Pages: 160

ISBN-13: 9781590318928

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"Although the Standards in this volume are considered part of the set of Third Edition ABA Criminal Justice Standards, the earlier editions did not include standards on DNA evidence. Therefore, the Standards included here are the first ABA Criminal Justice Standards on DNA Evidence."--Page iii.


Genetics and Criminality

Genetics and Criminality

Author: Jeffrey R. Botkin

Publisher: Amer Psychological Assn

Published: 1999-01-01

Total Pages: 277

ISBN-13: 9781557985804

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The book is the product of a project funded by the Ethical, Legal and Social Implications Branch of the National Human Genome Research Institute at the National Institutes of Health. The chapters have been written across disciplinary boundaries to address the potential applications of genetic testing in the context of criminal and juvenile law. One purpose of the volume is to assist judges and attorneys in understanding some of the basic science and clinical medicine relevant to mental health disorders and how they might relate to criminal behavior. In addition, the volume explores the legal philosophy concerning the use of mental health conditions as exculpatory or mitigating factors in criminal proceedings. The volume is also addressed to scientists, clinicians, and social scientists with an interest in the ethical, legal, and social implications of genetic research. The book provides an orientation to those without legal education or experience as to how the courts may consider new genetic tests and medical information in the context of criminal and juvenile law.


Genetic Justice

Genetic Justice

Author: Sheldon Krimsky

Publisher: Columbia University Press

Published: 2011

Total Pages: 426

ISBN-13: 0231145209

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Two leading authors on medical ethics, science policy, and civil liberties take a hard look at how the United States has balanced the use of DNA technology, particularly the use of DNA databanks in criminal justice, with the privacy rights of its citizenry. The authors explore many controversial topics, including the legal precedent for taking DNA from juveniles, the search for possible family members of suspects in DNA databases, the launch of "DNA dragnets" among local populations, and the warrantless acquisition by police of so-called abandoned DNA in the search for suspects. Most intriguing, they explode the myth that DNA profiling is infallible, which has profound implications for criminal justice.