| DNA and the Criminal Justice System
The developments in genetics have
posed particular policy challenges in a variety of areas in
our society. One of the earliest areas to be affected has
been criminal justice, because of the durability and polymorphism
of genetic material. Biological material left at a crime scene
(e.g., a rape) can thus be remarkably powerful for investigations
and in trials. The application of this technology has, for
example, led to close to 200 exonerations, as well as thousands
of investigatory leads from databases in the US. DNA thus
presents a series of policy challenges, from how to learn
from errors of the past that DNA has uncovered, to dealing
with the potential threat to civil liberties, to the practicalities
of how to manage a new and powerful technology within the
criminal justice system. I have edited a well-received book
on this subject (3), which lays out a wide array of perspectives.
My most recent papers look at the potential of using existing
DNA databases for the identification of relatives of those
in the databases as potential suspects (forthcoming in Science,
with collaborators Frederick
Bieber and Charles
Brenner) and, with Viktor
Mayer-Schoenberger, an examination of the statutory framework
for protecting DNA data held by the state (2). I have also
coauthored with Fred Bieber a number of op eds, including
on the lessons to be learned from the wrongful conviction
of Dennis Maher in Massachusetts (6), on the use of DNA to
identify suspects through their relatives’ DNA (5),
and concerns raised by a recent DNA dragnet in Massachusetts
(4). I am also one of the principals who has organized a series
of workshops (supported by a $1m NIH grant), culminating in
a national conference, on DNA fingerprinting and civil liberties
(7). Finally, I am also the faculty chair of the NSF-funded
DNApolicy.net
initiative, which offers a web-based
forum for peer to peer knowledge among public DNA laboratories
(8).
(1)
David Lazer, "Finding
Criminals Through DNA of Their Relatives,"
Science
312, June 2, 2006. (with
F.
Bieber and C. Brenner).
(2) David Lazer, "Statutory Frameworks for Regulating Information Flows:
Drawing Lessons for DNA Data Banks from other Government Data
Systems." Journal
of Law, Medicine, and Ethics
34, 2006: 366-374. (with V. Mayer-Schoenberger)
(3) David Lazer, The Technology
of Justice: DNA and the Criminal Justice System, (MIT press,
2004), including: "Introduction: DNA and the Criminal
Justice System," and "DNA
and the Criminal Justice System: Consensus and Debate,"
(with Michelle Meyer).
(Here’s a flyer;
also, see reviews in the Journal
of Clinical Investigations, Journal
of Forensic Sciences and APSA's
sponsored Law& Politics Book Review)
(4) Frederick Bieber and David Lazer,
"DNA
Sweep Must Be Accompanied by Informed Consent,"
Provincetown Banner, January 20, 2005.
(5) Frederick Bieber and David Lazer,
"Guilt
by Association?" The New Scientist, September 23,
2004.
(6) Frederick Bieber and David Lazer, "Lessons
Learned from a Miscarriage of Justice" Boston Globe,
April 12, 2003.
(7) The DNApolicy.net
initiative
(8) DNA
fingerprinting and civil libertiety - ASLME (American
Society of Law, Medicine, and Ethics)
**(For any of
the above articles without a link, please
email david_lazer(at)harvard.edu
for a PDF or hardcopy)
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