Genealogical Trends in Solving Cold Cases an Investigation Into the Merits and Concerns with New Cold Case Lead Development (original) (raw)
Related papers
Bridging Disciplines to Form a New One: The Emergence of Forensic Genetic Genealogy
Genes
Forensic Genetic Genealogy (FGG) has fast become a popular tool in criminal investigations since it first emerged in 2018. FGG is a novel investigatory tool that has been applied to hundreds of unresolved cold cases in the United States to generate investigative leads and identify unknown individuals. Consumer DNA testing and the public’s increased curiosity about their own DNA and genetic ancestry, have greatly contributed to the availability of human genetic data. Genetic genealogy has been a field of study/interest for many years as both amateur and professional genetic genealogists use consumer DNA data to explore genetic connections in family trees. FGG encompasses this knowledge by applying advanced sequencing technologies to forensic DNA evidence samples and by performing genetic genealogy methods and genealogical research, to produce possible identities of unknown perpetrators of violent crimes and unidentified human remains. This combination of forensic genetics, genetic ge...
2021
Since its discovery, DNA analysis has been an important tool in criminal investigations: the creation of national DNA databases, retaining the genetic profile of criminals, revealed to be crucial in solving serious crimes. In recent years, the expansive use of DNA analysis, together with scientific and technological progress, led to the development of new sophisticated investigative techniques, from the so-called “familial searching” to the more recent use of “forensic genetic genealogy”, based on the exploitation of commercial genealogy databases by law enforcement authorities. Notwithstanding their effectiveness, these new instruments raise serious ethical and legal concerns: this paper aims at presenting these complex challenges, by underlying the need to strike a proper balance between the public interest to a rapid and efficient identification of unknown offenders and the dangerous shift towards “genetic surveillance”.
Four misconceptions about investigative genetic genealogy
Journal of Law and the Biosciences
Investigative genetic genealogy (IGG) is a new technique for identifying criminal suspects that has sparked controversy. The technique involves uploading a crime scene DNA profile to one or more genetic genealogy databases with the intention of identifying a criminal offender’s genetic relatives and, eventually, locating the offender within the family tree. IGG was used to identify the Golden State Killer in 2018 and it is now being used in connection with hundreds of cases in the USA. Yet, as more law enforcement agencies conduct IGG, the privacy implications of the technique have come under scrutiny. While these issues deserve careful attention, we are concerned that their discussion is, at times, based on misunderstandings related to how IGG is used in criminal investigations and how IGG departs from traditional investigative techniques. Here, we aim to clarify and sharpen the public debate by addressing four misconceptions about IGG. We begin with a detailed description of IGG a...
Current Issues in Criminal Justice, 2019
Law enforcement is moving from targeted forensic DNA analysis to more extensive use of genomics in support of criminal investigations and for related purposes, such as the identification of human remains. The field of forensic genomics is data-driven and will continue to evolve as new capabilities are developed and new datasets are made accessible. Intelligence capabilities using forensic genomics include the prediction of externally visible characteristics and biogeographical ancestry, and the relatively new field of forensic genetic genealogy. This technique expands these capabilities by accessing public genetic datasets to identify potential relatives of the donor of DNA relating to an investigation. This exploitation of public datasets poses a range of ethical, legal and privacy challenges. The extended reach of these techniques expands these issues to entire families, across multiple jurisdictions. These legal challenges increase as attention turns to much larger, but less accessible, genetic data held by direct-to-consumer genetic genealogy providers.
Law enforcement authorities in the United States have been increasingly employing genealogists to search genetic genealogy databases with unknown origin DNA from unidentified human remains, or from a serious crime scene, to identify the victim or a potential suspected perpetrator. There are benefits to this form of searching in terms of public safety and bringing justice to victims of crime, and such searches are legally permissible.
Probable Cause from Probable Bonds: A Genetic Tattle Tale Based on Familial DNA
2009
DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique-familial DNA testing-as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This article examines the scientific, legal, and bioethical implications of familial DNA testing. It examines the scientific significance of obtaining a partial match, and questions whether the archetype for determining the existence of a family relationship lacks definition. It considers the legal problems posed by identifying and relying upon innocent people to investigate their family members, including infringements on privacy rights and violations of constitutional requirements. Finally, this article addresses the ethical implications of familial DNA investigations, the tension between resolving crimes and protecting bioinformation, and suggestions to balance the progress of science with the privacy of the person.
Why Familial Searches of Civilian Dna Databases Can and Should Survive Carpenter
Hastings Law Journal, 2021
Over the past few years, a powerful new forensic technique has emerged. By uploading DNA from a crime scene to a civilian DNA database, such as GEDmatch, investigators can discover the genetic relatives of the perpetrator and thereby track down the perpetrator himself. This procedure is known as forensic genetic genealogy searching (FGGS), and in under three years it has cracked numerous decades-old cases once thought to be unsolvable. Concerned about genetic privacy and discrimination, most legal commentators have thus far confronted FGGS with raised hackles. They either argue FGGS is a Fourth Amendment search under Carpenter, or that it escapes Carpenter but ought to be severely restricted or prohibited by statute. This Note attempts to show both that FGGS is not a Fourth Amendment search under Carpenter, and that public policy supports its use to the fullest practicable extent. On the doctrinal side, FGGS is distinguishable on every point from the location information at issue in Carpenter. On the practical side, FGGS is of immense forensic value, and the existence of sensible regulatory restrictions should serve to assuage popular fears. † J.D. 2021, University of California, Hastings College of the Law. The Author would like to thank Professor Binyamin Blum and Oliver Hamilton, as well as the rest of the HLJ team.