Criminal Justice Matters the DNA Revolution and Forensic Futures

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This article was downloaded by: [Northumbria University] On: 03 February 2014, At: 04:04 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK

Criminal Justice Matters Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/rcjm20 The DNA revolution and forensic futures Carole McCartney Published online: 08 Sep 2010.

To cite this article: Carole McCartney (2010) The DNA revolution and forensic futures, Criminal Justice Matters, 81:1, 26-27, DOI: 10.1080/09627251.2010.505397 To link to this article: http://dx.doi.org/10.1080/09627251.2010.505397

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PRE-CRIME Carole McCartney argues that the DNA more work on perfecting such predictions before such information revolution is unlikely to ‘rid societies of crime’. is more useful than misleading. There is also a possibility that ethnic predictions in particular could promote stereotypes. If researchers The DNA revolution have led to efforts to maximise the focus upon ethnicity (which is highly njust the last 25 years, forensic information to be gained from a contested), then this could prove DNAprofiling use has grown profile. ‘Familial searches’ (locating highly controversial. Iexponentially and its spread is ‘near matches’ on a DNA database nowglobal (Interpol, 2008). In 2009 in an effort to identify potential Universal DNA databases it secured its place as the standard relatives of the perpetrator) are now With serious limitations, and bearer for forensic sciences, being a legitimate investigative practice, controversies associated with cast as the ‘gold standard’ by the though costly and time-consuming, obtaining phenotypic information august body, the US National while research into ‘phenotyping’ from profiles, the solution to AcademyofSciences (NRCNA, – detecting observable traits from having a crime scene profile but no 2009). Juries no longer need to be genetic sequences – has led to match is to create a universal DNA convinced of the accuracyor ‘red-hair’ predictive tests (where database, with all the citizens of reliability of DNAevidence, indeed offenders can be identified as having a country on a national database. the concern is nowthat juries may red hair, though this does not tell Universality means that arguments be fartoo easily persuaded by DNA, detectives if they still have their hair, about ‘discrimination’ disappear, and or mayevendemand it before they or if they have dyed it), and ethnicity the police ‘should’ be able to solve will convict (the ‘CSI effect’). With predictions (with similar difficulties all crimes (where a DNA profile can DNAprofiling securely embedded in in making reliable predictions about be retrieved from the crime scene). both police practice and popular appearance from a generalised The issue simply then becomes one culture, the frontiers of genetic prediction about ethnic background). of ensuring that the DNA profiling science are nowbeing pushed ever Scientists around the world however, system used is discriminating enough further in the quest to find the Holy are seeking the ultimate prize: to be able to distinguish between Grail: the perfect crime-fighting tool. constructing a reliable description millions of individuals. The United With the uses of DNAincrime of an offender (height, ethnicity, eye Arab Emirates, with a population of investigation having expanded colour, hair colour, etc.) from their just over 5.5 million, are the first to dramatically,the ongoing quest to DNA profile. start the process of DNA sampling all achieveevergreater utility from DNA This research to date, however, of their citizens. They hope that this has not yetabated. Just three areas of has yet to reap rewards, and will prove to be a powerful crime- development are outlined below: scientists appear far from delivering solving tool, as well as assisting phenotyping of forensic crime scene police ‘DNA photofits’. Meanwhile, with identifying missing persons and samples; universal DNAdatabases; there is a debate to be had over bodies from disasters.

Downloaded by [Northumbria University] at 04:04 03 February 2014 and finding the criminal ‘gene’. whether this would actually prove It is wildly optimistic to imagine helpful in the context of that a universal DNA database will Phenotyping of forensic DNA investigations, with its ability to make serious inroads into the crime samples mislead. If police narrow their rate, particularly when the impact With mobile DNA testing at crime search, to concentrate upon just that it may have on crime detection scenes a reality (albeit a rare those suspects who fit the ‘photofit’ will not be as dramatic as first occurrence), and DNA profiling then mistakes could be made. It is thought. Presently in the UK, only 17 at police stations promised in known from studying miscarriages of per cent of crime scenes annually are the near future, the time taken to justice that ‘tunnel vision’ early in forensically examined. Of these, only profile a crime scene profile or investigations can lead to missed 10 per cent yield a DNA profile. suspect has dropped from days inculpatory evidence pointing to Most crimes do not have ‘scenes’ as to potentially minutes. However, other suspects, as well as such, or the scene is not one that can such developments, while opening exculpatory evidence. It is also be searched productively, or the possibilities for swift detection of known that many genes interact perpetrators are already known to the offences, do not assist when no with, or can be overridden by, the police. With such caveats, even a match is found. The frustrations of environment – e.g. height can universal DNA database will not be investigators with a crime scene depend upon dietary factors etc., the magic bullet to rid societies of DNA profile, but no link to a suspect, while other external characteristics crime.

rCJM No 81.indd 26 25/08/2010 10:30:58 TheUKhas traditionally had the explicitly stating that criminals were in the ﬁght against crime. Indeed, it most expansive DNAdatabase, with ‘born’ not made. Genetic studies is perhaps true to saythat its biggest the DNAofall individuals arrested have mostly taken the form of twin, impact has been seen in the US, for recordable offences kept on the or sibling, and hereditary studies, with the numbers of individuals, UK’sNational DNADatabase. In which purport to demonstrate how manyfrom death row, freed after December 2008, however,the much offending can be attributed DNAproﬁling provedthat they were

European Court of Human Rights to ‘nature’ or ‘nuture’. On the innocent. These exonerations are PRE-CRIME ruled that the UK’s‘blanket and whole, such studies have not proven having afar-reaching impact on the indiscriminate’ regime for retaining conclusively that there are ‘genetic’ criminal process, highlighting where DNAfrom individuals whowere not explanations for offending. However, mistakes are made in an effort to convicted breached human rights. the search has now become more prevent further suchatrocities (see This necessitated achange to the law, sophisticated and scientists are able www.innocenceproject.org). Forensic although debate continues overwhat to search the human genome – using DNAhas also shone acritical light on the change should be. TheCrime and large ‘pools’ of criminals as subjects other forensic sciences that are now Security Act 2010, rushed through – to find the elusive ‘crime gene’. scrutinised for their accuracyand parliament before dissolution, aimed There has been some provisional reliability. to keep DNAprofiles of ‘innocent’ success, at least in locating DNA, however, remains marginal individuals for six years. Therationale biological bases that may explain in most crime investigations (indeed, is that minor offenders (or in this some offending behaviour, though fingerprints are still more commonly case, people whohavemerely been these tend toward neurobiological found and used in evidence against arrested) are often also serious or biological explanations than offenders). The efforts outlined here, offenders, or will progress in their specifically a genetic cause, although to increase the utility of DNA and offending to become serious research continues to look for the expansionist doctrine with regard offenders. If their DNAisput on the the interactions between genes, to DNA databases, are marred by database at the outset of their environment, and behaviour (e.g. serious ethical and scientific offending, then they can be ‘deterred’ the discovery of a ‘smoking gene’ – obstacles. They have yet to be from further offending, or if not, at which makes people pre-disposed proven, and in some cases are based least will be easily detected (see to smoke etc. (BBC, 2010)). With upon little, if any, evidence. This is McCartney et al., 2010 for details). the human genome now decoded, not to say that all researchers are Policies that are underpinned by and research to find ‘genes for…’ chasing unrealistic dreams, and there such ‘bigger is better’ logic, are continuing apace, it may not be too is potentially scope for greater use of poorly supported by evidence of futuristic to consider that before DNA in crime investigation. effectiveness, and may be seriously too long, it will be reported that However, the search for the genetic flawed. Criminologists will be aware scientists have located a gene that ‘Holy Grail’ of using DNA as a way that ‘labelling theory’ may actually may bear the stigma ‘criminal gene’, of ridding societies of crime may mean that by attaching a label of regardless of whether this pre- ultimately be misguided. n ‘criminal’ or ‘future offender’ to an determines someone will become individual, may impact upon the criminal or not. The media could Carole McCartney is Senior Lecturer at the individual’s view of themselves as quite well ignore the superficiality Centre for Criminal Justice Studies, University of Leeds. well as how others treat them, which of such an argument, and the can make the label a self-fulfilling complexities of offending, with the References prophecy. Deterrence arguments necessary interactions between the remain very difficult to sustain and behaviour, societal reactions, the BBC (2010), ‘If you smoke too much “blame your genes”, say experts’, BBC Downloaded by [Northumbria University] at 04:04 03 February 2014 there are serious civil liberties law etc., required before someone is News Online. implications for treating individuals even considered ‘criminal’. as ‘future criminals’, or ‘pre-suspects’ Interpol (2008), Global DNA Profiling (Lynch et al., 2008). With even Genetic science as crime Survey 2008. universal databases then being fighting tool Lynch, M., Cole, S., McNally, R. and limited in their impact, for the There is no denying that DNAhas had Jordan, K. (2008), Truth Machine: The Contentious History of DNA ultimate in crime prevention genetic adramatic impact upon the criminal Fingerprinting, Chicago and London: The science must go one step further, and justice system, and the potential University of Chicago Press. enable us to identify criminals prior that remains for genetic science McCartney, C., Williams, R. and Wilson, to their offending, perhaps even prior to find new forensic applications. T. (2010), The Future of Forensic to their birth. However,the impact on crime rates, Bioinformation, May. Accessed: 28 July and detection rates, has in the main, 2010. Finding the criminal ‘gene’ been exaggerated to date. While National Research Council of the The belief that there is a ‘gene’ for DNAhas undoubtedly brought many National Academies (2009), criminality is not new. Indeed, the people to justice, some of whom Strengthening Forensic Science in the search for the ‘criminal gene’ has maynever have been detected using United States: A Path Forward, been a mainstay of criminology traditional investigative means, it is Washington DC: The National Academies since its inception, with Lombroso far from being our most powerful tool Press.

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