WK5 LEGAL AND ETHICAL ISSUES IN INVESTIGATIONS

STUDENT REPLIES

STUDENT REPLY #1 Danielle Berlus

The evolution of technology to determine DNA has affected its use as evidence in so many ways. The four blood types were first identified by the Austrian researcher, Karl Landsteiner in 1900. Because technology has progressed so much over the years, scientists have been able to do so much with DNA, that even a drop of blood can help to identify someone. DNA technology has improved so much so that it can also distinguish the DNA of multiple individuals who may have touched the same surface.

Deoxyribonucleic acid (DNA) gives the criminal justice system ways to be able to identify perpetrators to help exonerate the innocent and help to convict the guilty. (Azolifesciences, 2022)

DNA data is a high degree of surveillance. It is data collected and can be stored in computer data banks. The DNA profiles can be compared to help solve crimes without the suspects even years later.

I think DNA is more of a reliable evidence because when "Compared to fingerprint evidence alone, DNA was far more likely to lead to suspects and result in arrests. In crime scenes where biological evidence was collected and tested, DNA evidence was five times more likely than fingerprints to yield a suspect and nine times more likely to lead to an arrest." (Cronen, 2008)

Reference

Cronen, (2008) https://webarchive.urban.org/publications/901179.htmlLinks to an external site.

Azo life sciences, (2022) https://www.azolifesciences.com/article/Role-of-DNA-in-Forensic-Science.aspx

STUDENT REPLY #2 Monica Leora Perez

"Any sharing of your Genetic Information with third parties is governed by our Privacy Policy. Ancestry does not share Genetic Information with employers, insurance providers, or third-party marketers without your consent, and will not share your Genetic Information with law enforcement unless compelled by valid legal process as described in our Privacy Policy Links to an external site. Any sharing of Genetic Information for external research purposes is governed by the Informed Consent Links to an external site.

You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with the DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss."

The above is from the terms & conditions from AncestryDNA.

I personally find it interesting when someone who has never been involved in the processes of investigation in order to fully understand the 'why'. Nor do they understand the importance that DNA makes, which could very well be explained if there was as much media coverage on the clearings of names thanks to DNA, rather than the majority of reporting on when DNA proves guilt. When considering whether or not DNA is considered surveillance, I am compelled to point out the terms and conditions from AncestryDNA that I opened my post with. Years ago, when these DNA kits became available to the general public, I personally regarded them as I do social media; meaning, if you don't want your DNA accessible, don't use one of the kits and mail it off. As stated in the terms & conditions, they require proper legal proceedings before they will release your DNA. Now I have had the discussion of privacy or invasion of it with plenty of individuals, who may as well be wearing aluminum foil hats, however, this day and age none of us can truly go anywhere where there isn't a camera or audio device present. This brings us back to investigators making sure they file for warrants in a proper manner with the courts and gaining legal permissions to maintain the integrity of the investigation. DNA provides for a scientific conclusion, which generally speaking, can outweigh fingerprints as those tend to be based more subjectively by the analysts.

Reference

AncestryDNA Terms and Conditions Links to an external site.