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Grave Civil Rights Risks in Plan to Use DNA Evidence for ‘Familial Searching,’ NYCLU warns

Under current law, DNA evidence from a crime scene is compared against DNA samples in the state databank, which have been taken from individuals who have been previously convicted of certain crimes. When a DNA sample in the state databank matches crime-scene DNA, the individual from whom that sample was taken is usually considered a suspect. But what if the crime-scene DNA is a near match with a DNA sample in the state’s databank? A near match – or “partial match” – between a crime-scene sample and the DNA of someone in the in the state’s databank may exclude that individual as a suspect – or it may not. It also may implicate a blood relative of that person.

Under current law, DNA evidence from a crime scene is compared against DNA samples in the state databank, which have been taken from individuals who have been previously convicted of certain crimes.

Photo from Flickr user Gravitywave under Creative Commons License.

When a DNA sample in the state databank matches crime-scene DNA, the individual from whom that sample was taken is usually considered a suspect. But what if the crime-scene DNA is a near match with a DNA sample in the state’s databank? A near match – or “partial match” – between a crime-scene sample and the DNA of someone in the in the state’s databank may exclude that individual as a suspect – or it may not. It also may implicate a blood relative of that person.

The New York State Commission on Forensic Sciences is considering a proposal to authorize law enforcement to collect DNA from the family members of an individual whose DNA is a “partial match” with crime scene evidence. While this proposal has a statistical rationale, it raises fundamental questions regarding the expanded use of forensic DNA. These questions are related to error and abuse in the handling of DNA; the adequacy of judicial oversight and protections of due process; racial disparities in the investigation and prosecution of alleged criminal conduct; and and the potential of including substantial numbers of innocent people in the DNA databank.

WHAT:

News conference on state forensics commission proposal to authorize use of DNA to conduct “familial searching”

WHERE:

LCA Press Room in the Convention Center, Albany

WHEN:

Monday, June 16 at 11 a.m.

WHO:

  • Prof. Troy Duster, New York University, Department of Sociology
  • Tania Simoncelli, Science Advisor, American Civil Liberties Union
  • Prof. Laurie Shanks, Albany Law School
  • Robert A. Perry, Legislative Director, New York Civil Liberties Union
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