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Turning Base Hits into Earned Runs: Improving the Effectiveness of Forensic DNA Data Bank Programs

Published online by Cambridge University Press:  01 January 2021

Extract

Forensic data banks contain biological samples and DNA extracts as well as computerized databases of coded DNA profiles of convicted offenders, arrestees and crime scene samples. When used for investigative and law enforcement purposes, DNA data banks have been successful in providing key investigative leads in hundreds of criminal investigations. A number of these crimes would never have been resolved without use of such data banks. In addition, in some limited number of investigations, the exclusion of known suspects whose DNA profiles are known to be in an offender database can save valuable investigative time.

Despite the above benefits, in hundreds of cases DNA samples are never collected and administrative and laboratory logjams delay prompt database searches. Furthermore, hundreds of DNA database matches (hits) languish, without any followup by law enforcement or prosecutors. These prevent or delay DNA matches and therefore can leave the public in grave risk of potential harm from recidivistic offenders who otherwise could have been apprehended and convicted if the process functioned more effectively.

Type
Symposium
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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References

Bieber, F. R., “Science and Technology in Forensic DNA Profiling,” in Lazer, D., ed., DNA and the Criminal Justice System: The Technology of Justice (Cambridge, MA: MIT Press, 2004): 2362.Google Scholar
Gross, S. R. et al., “Exonerations in the United States, 1989 through 2003,” Journal of Criminal Law and Criminology 95 (2005): 523560.Google Scholar
Biesecker, L. G. Bailey-Wilson, J. E. Ballantyne, J. Baum, H. Bieber, F. R. et al., “DNA Identifications from the 9/11 World Trade Center Attack,” Science 310 (2005): 11221123.CrossRefGoogle Scholar
Budowle, B. Bieber, F. R. Eisenberg, A., “Forensic Aspects of Mass Disasters: Strategic Considerations for DNA-Based Human Identification,” Legal Medicine (Tokyo) 7, no. 4 (2005): 230243.CrossRefGoogle Scholar
FBI, CODIS webpage, Mission Statement and Background, at <http://www.fbi.gov/hq/lab/codis/program.htm> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
Williams, R. Johnson, P., and Martin, P., “Genetic Information & Crime Investigation: Social, Ethical and Public Policy Aspects of the Establishment, Expansion and Police Use of the National DNA Database,” School of Applied Sciences, University of Durham web site, 2004, available at <http://www.dur.ac.uk/p.j.johnson> (last visited February 28, 2006); Williams, R. and Johnson, P., “Forensic DNA Databasing: A European Perspective, Interim Report,” School of Applied Sciences, University of Durham web site, June 2005, at <http://www.dur.ac.uk/p.j.johnson> (last visited February 28, 2006).Google Scholar
Gill, P. Fereday, L. Norling, N. Schneider, P. M., “The Evolution of DNA Databases – Recommendations for New European STR Loci,” Forensic Science International 156 (2006): 242244.CrossRefGoogle Scholar
For details on the National DNA Databank of Canada, see National DNA Databank website, at <http://www.nddb-bndg.org/main_e.htm> (last visited February 28, 2006); National DNA Databank of Canada, Annual Report, 2004–2005, at <http://www.nddb-bndg.org/train/docs/Annual_2005_e.pdf> (last visited February 28, 2006); for details on the Canadian DNA Identification Act of 1998, see Department of Justice Canada, Updates to Justice Laws website, at <http://laws.justice.gc.ca/en/D-3.8/185698.html> (last visited February 28, 2006).+(last+visited+February+28,+2006);+National+DNA+Databank+of+Canada,+Annual+Report,+2004–2005,+at++(last+visited+February+28,+2006);+for+details+on+the+Canadian+DNA+Identification+Act+of+1998,+see+Department+of+Justice+Canada,+Updates+to+Justice+Laws+website,+at++(last+visited+February+28,+2006).>Google Scholar
See Axelrad, S., Survey of DNA Database Statutes (as of July, 2005), at <www.aslme.org>..>Google Scholar
See Axelrad, S., supra note 10; following the U.K. lead, in the U.S. there has been steady growth in the size of convicted offender DNA databases (e.g., an approximately five-fold increase in the past four years) due in large part to an expansion of the statutory criteria for inclusion. In the U.S., forty-three states have amended their criminal codes to provide for DNA collections from all felons and six states (CA, LA, TX, and VA) now include arrestees as well. Currently there are almost three million DNA profiles and samples in the U.S. offender/arrestee databank.Google Scholar
Codified at 42 U.S.C. &14135a (2005). President George W. Bush, on January 5, 2006, signed into law the Violence Against Women and Department of Justice Reauthorization Act of 2005 (H.R. 3402). Public Law Number 109–162 (See Table 1 for summary of DNA provisions).Google Scholar
For the official statistics on the U.S. DNA database, see CODIS home page, at <http://www.fbi.gov/hq/lab/codis/index1.htm> (last visited February 28, 2006), also, NDIS Statistics, at <http://www.fbi.gov/hq/lab/codis/clickmap.htm> (last visited February 28, 2006).+(last+visited+February+28,+2006),+also,+NDIS+Statistics,+at++(last+visited+February+28,+2006).>Google Scholar
Parliamentary Office of Science and Technology, The National DNA Database PostNote, February 2006, Number 258, at <http://www.parliament.uk/documents/upload/postpn258.pdf> (last visited March 5, 2006).+(last+visited+March+5,+2006).>Google Scholar
See supra note 8.Google Scholar
U.S. v. Kincade, 354 F.3d 1095 (9th Cir. 2003), vacated en banc 379 F.3d 813 (9th Cir. 2004).Google Scholar
Willing, R., “Suspects Get Snared by a Relative's DNA,” USA Today, June 7, 2005.Google Scholar
Bright, J., Familial Database Searching – a New Zealand Case Study, paper presented at Promega Human Identity Symposium, Scottsdale, AZ, 2004.Google Scholar
Bieber, F. R. Lazer, D., “Guilt by Association,” New Scientist, October 23, 2004, available at <http://www.newscientist.com/article.ns?id=mg18424703.000>; Bieber, F. R. Brenner, C. H. Lazer, D., unpublished.;+Bieber,+F.+R.+Brenner,+C.+H.+Lazer,+D.,+unpublished.>Google Scholar
See BBC News, “How Police Found Gafoor,” at <http://news.bbc.co.uk/1/hi/wales/3038138.stm> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
Potter, T., “Source: Daughter's Records Were Subpoenaed,” Wichita Eagle, March 3, 2005.Google Scholar
Goodyear, C. Hallissy, E., “The Other Side of DNA Evidence: An Innocent Man is Freed,” San Francisco Chronicle, October 19, 1999, at <http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1999/10/19/MN03DNA.DTL> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
See supra note 8.Google Scholar
See supra note 13.Google Scholar
Various jurisdictions report “cold hit” rates – the percentage of crime scene DNA profiles that connect to a catalogued offender in the database – of from ten percent to as much as sixty percent. The variation depends on the rules for database inclusion, the maturity of the database, and on how the statistics are defined.Google Scholar
Gilmer, J. A. van Alstyne, D. J. “The First 100 Hits – Forensic-Offender Matches on the New York State DNA Data Bank,” NYS Division of Criminal Justice Services, January 2002, at <http://criminaljustice.state.ny.us/crimnet/ojsa/100_hits/> (last visited February 28, 2006).Google Scholar
Willing, R., “DNA Matches Win Few Convictions in VA,” USA Today, November 7, 2005, USA Today website, at <http://www.usatoday.com/news/nation/2005-11-07-dna-convictions_x.htm?csp=34> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
DNA is left at the majority of sexual assaults, but the extent to which it is available at other types of crime is quite variable. This alone can preclude use of DNA testing.Google Scholar
Goodyear, C. Hallissy, E., “Dangerous Delay on DNA. State Struggles to Gather Genetic Profiles of Violent Felons,” San Francisco Chronicle, October 19, 1999, at <http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1999/10/19/MN05DNA.DTL> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
FBI website, Uniform Crime Reports, at <http://www.fbi.gov/ucr/ucr.htm> (last visited February 28, 2006); U.S. Department of Justice, Bureau of Justice Statistics, Crime and Victims Statistics, at <http://www.ojp.usdoj.gov/bjs/cvict.htm#summary> (last visited February 28, 2006).+(last+visited+February+28,+2006);+U.S.+Department+of+Justice,+Bureau+of+Justice+Statistics,+Crime+and+Victims+Statistics,+at++(last+visited+February+28,+2006).>Google Scholar
Schlesinger, L. B., Serial Offenders (New York: CRC Press, 2001); Farrington, D., “The Development of Offending and Antisocial Behavior from Childhood: Key Findings from the Cambridge Study of Delinquent Development,” Journal of Childhood Psychology and Psychiatry 36 (1995): 929–964; Putkonenen, A. Ryynanen, O. P. Eronen, M., and Tiihonen, J., “The Quantitative Risk of Violent Crime And Criminal Offending: A Case-Control Study among the Offspring of Recidivistic Finnish Homicide Offenders,” Acta Psychiatr Scand 106 (Suppl 412) (2002): 54–57; Smith, C. and Farrington, D., “Continuities in Antisocial Behavior and Parenting Across Three Generations,” Journal of Child Psychology and Psychiatry 45, no. 2 (2004): 230–247; Farrington, D. Barnes, D. P., and Lambert, S., “The Concentration of Offenders in Families,” Legal and Criminological Psychology 1 (1996): 47–63; 17.1% of jail inmates surveyed reported a father, 4.4% a mother, 30.3% a brother, 6.2% a sister, 3.3% a spouse, and 1.3% a child having been, at some point, in a correctional facility, Beck, A. Gilliard, D. Greenfeld, L. Harlow, C. Hester, T. Jankowski, L. Snell, T. Stephan, J. Morton, D., Survey of State Prison Inmates, Bureau of Justice Statistics, U.S. Dept. Justice, Correctional Populations in the United States, 1996, at 62, Table 4.18.Google Scholar
McCleary, R., Dangerous Men: The Sociology of Parole (Albany, NY: Harrow and Heston, 1992).Google Scholar
See supra note 18; Lazer, D. Meyer, M., DNA and the Criminal Justice System: Consensus and Debate, in Lazer, D., ed., DNA and the Criminal Justice System: The Technology of Justice (Cambridge, MA: MIT Press, 2004): 357390; Kaye, D. H. Smith, M. S., “DNA Databases for Law Enforcement: The Coverage Question and the Case for a Population-Wide Database,” in DNA and the Criminal Justice System: The Technology of Justice, Lazer, D., ed., (Cambridge, MA: MIT Press, 2004): 247–284; Williams, R. Johnson, P., “Inclusiveness, Effectiveness and Intrusiveness: Issues in the Developing Uses of DNA Profiling in Support of Criminal Investigations,” Journal of Law, Medicine & Ethics 33 (2005): 545–550. Reprinted in this issue, Journal of Law, Medicine & Ethics 35 (2006): 234–247.CrossRefGoogle Scholar
McGrory, B. and Levenson, M., “Worthington Probe Eyed Higher-Profile Leads,” The Boston Globe, April 17, 2005, available at <http://www.boston.com/news/local/massachusetts/articles/2005/04/17/worthington_probe_eyed_higher_profile_leads/> (last visited February 28, 2006).+(last+visited+February+28,+2006).>Google Scholar
Daniels, A. C. Daniels, J. E., Performance Management: Changing Behavior that Drives Organizational Effectiveness, 4th ed., (Atlanta, GA: Performance Management Publishers, 2004).Google Scholar