BIOETHICS FORUMS DNA Database for Criminals (Chapter A3) Summary: The local prosecutor wants a legislator to sponsor a law to require police to take blood samples from criminals and enter their DNA information into a computer database. Officials will use this database to find suspects and speed prosecution. Researchers can use the database to search for a genetic basis and a treat-ment for criminality. The legislator must weigh the potential benefits of such a system with the potential for abuse. 1. LEGISLATOR SENATE FLOOR “The local prosecutor wants me to sponsor a new law. It will require police to take blood samples from criminals and enter their DNA information into a computer database. Once we have a significant number of entries, officials will be able to use the database to find suspects and speed prosecution. Not only that, researchers can use the database to search for a genetic basis for criminality. This could be a valuable tool to identify and treat potential criminals before they even commit a crime.” SUMMARY: A proposed law requires police to take blood samples from criminals and enter their DNA information into a computer database. The database will be used to locate and convict criminals and to search for a genetic basis for criminality. DISCUSSION: Discuss the use of a DNA database for criminal prosecution and the research into genetic causes of criminality. Consider the two issues separately, as students may favor one or the other. Students must decide whether the law should be passed. FOCUS QUESTIONS: What are the two aims of the proposed law? How are they linked? What are the benefits of the two parts of the law? What are the disadvantages? 2. PROSECUTOR LAW LIBRARY “We already photograph and fingerprint every person we book. A DNA profile just requires we take a small amount of blood. Each sample is analyzed for key genetic variations, giving us a complete DNA profile. We enter the profile into a national database for law-enforcement officials, speeding identification and prosecution. As easy as fingerprinting, and more helpful. Criminals don’t always leave fingerprints at the scene of a crime, but they leave their DNA in many forms — hair, blood, even dandruff will do. This might lead to a genetic understanding of crime and antisocial behavior. If we could screen all kids entering school, we could cure them before they were teenagers.” SUMMARY: DNA identification is similar to fingerprinting, can make police more efficient, and may allow society to identify and treat potential criminals before they commit a crime. DISCUSSION: Discuss the concrete details of establishing a DNA database. What might be some structural problems inherent in establishing such a database? Consider the term “cure” as used by the Prosecutor. What does such a word connote? Is crime a disease to be cured? What are the implications of treating someone for a condition before they exhibit any signs of the disease? Discuss civil liberty issues raised by both parts of this law. Some students can argue that the DNA databank will make police more efficient; others can agree and claim that identifying and treating potential criminals is good too. Others may argue that the DNA databank will give police more information than they can be trusted with; identifying potential criminals before they commit a crime is a violation of civil rights. In addition, they may point out that crime is being treated here as if it were solely a genetic “disease”; crime has many causes independent of genetics. FOCUS QUESTIONS: How can a DNA database make police more efficient? How could a DNA database enable researchers to find a genetic cause of criminality? How would this research be used by a society? What ethical issues are raised by both uses of such a database? 3. CIVIL LIBERTARIAN PRESS CONFERENCE, RALLY “You don’t have the right to take blood from the accused. Even after conviction, you don’t have the right to their blood and genetic code. The potential for abuse is huge. Can employers deny employment to people whose DNA shows up in the criminal registry? If researchers discover supposed genes for criminal tendencies, we could find ourselves detaining and prosecuting totally innocent people.” SUMMARY: DNA databases could be abused; people’s civil rights could be threatened. DISCUSSION: Discuss the Civil Libertarian’s claims. What are civil rights? What has been their history? How do we protect people’s civil rights? Consider the range of potential abuses of a DNA database. Consider separately the issue of a genetic basis for criminality. What is criminality? Students can argue for or against allowing DNA databases to be used by non-law enforcement groups. FOCUS QUESTIONS: What right does society have to take DNA or other information from people accused of crimes? What right does society have to take DNA information from people convicted of crimes? What limits should be put on access to this information? How can DNA databanks be used to identify and treat criminals before they commit a crime? What are some drawbacks to this method of identifying criminals?
