Abstract

Greater scrutiny and demands for innovation and increased productivity place pressures on scientists. Forensic genetics is advancing at a rapid pace but can only do so responsibly, usefully, and acceptably within ethical and legal boundaries. We argue that such boundaries require that forensic scientists embrace ‘ethics as lived practice’. As a starting point, we critically discuss ‘thin’ ethics in forensic genetics, which lead to a myopic focus on procedures, and to seeing ‘privacy’ as the sole ethical concern and technology as a mere tool. To overcome ‘thin’ ethics in forensic genetics, we instead propose understanding ethics as an intrinsic part of the lived practice of a scientist. Therefore, we explore, within the context of three case studies of emerging forensic genetics technologies, ethical aspects of decision-making in forensic genetics research and in technology use. We discuss the creation, curation, and use of databases, and the need to engage with societal and policing contexts of forensic practice. We argue that open communication is a vital ethical aspect. Adoption of ‘ethics as lived practice’ supports the development of anticipatory capacity—empowering scientists to understand, and act within ethical and legal boundaries, incorporating the operational and societal impacts of their daily decisions, and making visible ethical decision making in scientific practice.

Highlights

  • Ethical principles and their application in practice have come to matter to many individual forensic geneticists, working to ensure that, while the scientific foundation of the techniques they are developing and deploying for casework is reliable, they are contributing to a just society

  • While we focus on the estimation of externally visible characteristics in this case study, we do acknowledge that the testing of biogeographic ancestry (BGA) has its own technical and ethical pitfalls, some of which it shares with forensic DNA phenotyping (FDP) and some of which are specific to biogeographic ancestry testing (BGA)

  • As science is afforded a powerful role in knowledge production and meaningmaking in the criminal justice system, could this lead to a ‘technological tyranny’ [98] in which individuals and communities have to prove their innocence against probabilities? Might forensic scientists inadvertently contribute to creating new kinds of inequalities and insecurity when it comes to policing and criminal justice? (p. 365, [99])

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Summary

Introduction

Ethical principles and their application in practice have come to matter to many individual forensic geneticists, working to ensure that, while the scientific foundation of the techniques they are developing and deploying for casework is reliable, they are contributing to a just society. Forensic genetics as a discipline and a community of practice—research scientists, laboratory practitioners, journals, industry, professional bodies, and users of forensic genetic analyses in policing and elsewhere—continue to face scrutinize new and emerging forensic genetic technologies for their social, ethical, and legal ramifications, alongside their scientific and technical dimensions. The Law Commission of New Zealand reported on new and emergent forensic genetics in 2020, recommending the comprehensive revision of legislation; increased oversight; and greater consideration of concerns surrounding privacy and discrimination [2]. The Law Commission of Ontario reviewed Artificial Intelligence (AI) and probabilistic genotyping DNA tools in June 2021, suggesting that inherent biases in these technologies challenge the notion of DNA profiling as a “gold standard” and requires that there is continuous scrutiny as well as new legislation [3]. The Scottish Government and the UK House of Lords have commenced parallel enquiries into developments in technologies for policing in 2021 [4,5], scoping opportunities, and challenges arising for policing from new technologies

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