A review of state legislation of DNA forensic data banking
- Eunice Kennedy Shriver Center for Mental Retardation, Waltham, MA (United States) Boston College Law School, Newton, MA (United States)
- Eunice Kennedy Shriver Center for Mental Retardation, Waltham, MA (United States)
Recent advances in DNA identification technology are making their way into the criminal law. States across the country are enacting legislation to create repositories for the storage both of DNA samples collected from convicted offenders and of the DNA profiles derived from them. These data banks will be used to assist in the resolution of future crimes. This study surveys existing state statutes, pending legislation, and administrative regulations that govern these DNA forensic data banks. The authors critically analyzed these laws with respect to their treatment of the collection, storage, analysis, retrieval, and use of DNA and DNA data. They found much variation among data-banking laws and conclude that, while DNA forensic data banking carries tremendous potential for law enforcement, many states, in their rush to create data banks, have paid little attention to issues of quality control, quality assurance, and privacy. In addition, the sweep of some laws is unnecessarily broad. Legislative modifications are needed in many states to better safeguard civil liberties and individual privacy. 16 refs., 11 tabs.
- DOE Contract Number:
- FG02-91ER61237
- OSTI ID:
- 6974685
- Journal Information:
- American Journal of Human Genetics; (United States), Journal Name: American Journal of Human Genetics; (United States) Vol. 54:6; ISSN AJHGAG; ISSN 0002-9297
- Country of Publication:
- United States
- Language:
- English
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