American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy School of Government Chris Asplen.

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Presentation transcript:

American Society of Law, Medicine & Ethics DNA Forensics and Civil Liberties Workshop # 1 Harvard University Kennedy School of Government Chris Asplen Smith Alling Lane

The National Commission on the Future of DNA Evidence Genesis: Postconviction DNA Applications Mission: To Maximize the Effectiveness of DNA Technology in the Criminal Justice System

The National Commission on the Future of DNA Evidence Working Group Structure: Postconviction Law Enforcement Training and Education Laboratory Funding Science and Technology Legal Issues

The National Commission on the Future of DNA Evidence Summary of Accomplishments / Failures Postconviction Recommendations Model legislation Law Enforcement Training and Education Pamphlet CD Roms

The National Commission on the Future of DNA Evidence Summary of Accomplishments / Failures Laboratory Funding Attention to backlog issue Failed to adequately address Lab Capacity Science and Technology Formal report

The National Commission on the Future of DNA Evidence Summary of Accomplishments / Failures Legal Issues Formal Advice to Attorney General Failed to Formalize recommendations

The National Commission on the Future of DNA Evidence Impact on Policy: Provided a forum to highlight Issues Postconviction Laboratory backlog Arrestee testing

The National Commission on the Future of DNA Evidence Impact on Policy: Provided a Mechanism to produce resources Funding source for publications Source of expertise

International Experience United Kingdom : Goal: “To database the entire criminal justice population” Application: It was never a system based on convicted offenders but rather on suspects. ALL profiles are retained (even of the exonerated)

International Experience Europe: Offender sample collection approaches: Specific enumerated offenses General classes of offenders Length of potential sentence Suspects Suspects (if DNA used) Convicted offenders Convicted offenders (if DNA used)

Legal Framework for International Data Sharing Only voluntary Many Countries specifically prohibit the international exchange of DNA data