Legal Research

New Uses for DNA Evidence

By RGault

DNA evidence is in the news lately.  The Washington Post has two articles on "Genes and Justice." 

This article discusses how law enforcement agencies are using DNA collected from people who are not suspected of a crime to identify relatives who might be suspects.  Police were suspicious of Dennis Rader, but they did not arrest him as the BTK killer until they examined DNA from a Pap smear taken from his daughter several years earlier.  Privacy advocates are concerned about using DNA samples in this way, and the states are moving in different directions, some specifically authorizing it and other banning it.

In another article, the Post examines the new practice of using DNA as evidence of genetic problems that might be considered mitigating factors, such as a genetic propensity for violent behavior.  This "DNA defense" may or may not impress jurors.  In some cases, it might work against the accused by suggesting an increased possibility of repeating the crime.

Posted by Robin Gault

Full post as published by FSU College of Law Library Blog on April 21, 2008 (boomark / email).