Abstract
In the United States, several states have made policy decisions regarding whether and how to use familial searching of the Combined DNA Index System (CODIS) database in criminal investigations. Familial searching pushes DNA typing beyond merely identifying individuals to detecting genetic relatedness, an application previously reserved for missing persons identifications and custody battles. The intentional search of CODIS for partial matches to an item of evidence offers law enforcement agencies a powerful tool for developing investigative leads, apprehending criminals, revitalizing cold cases and exonerating wrongfully convicted individuals. As familial searching involves a range of logistical, social, ethical and legal considerations, states are now grappling with policy options for implementing familial searching to balance crime fighting with its potential impact on society. When developing policies for familial searching, legislators should take into account the impact of familial searching on select populations and the need to minimize personal intrusion on relatives of individuals in the DNA database. This review describes the approaches used to narrow a suspect pool from a partial match search of CODIS and summarizes the economic, ethical, logistical and political challenges of implementing familial searching. We examine particular US state policies and the policy options adopted to address these issues. The aim of this review is to provide objective background information on the controversial approach of familial searching to inform policy decisions in this area. Herein we highlight key policy options and recommendations regarding effective utilization of familial searching that minimize harm to and afford maximum protection of US citizens.
Highlights
The Combined DNA Index System (CODIS) database was established by the Federal Bureau of Investigation (FBI) to aid in the exchange of DNA profiles in forensics investigations by facilitating data sharing and comparisons of short tandem repeat (STR) profiles at the local, state and national levels
The DNA Identification Act of 1994, a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, authorizes the Director of the FBI to establish “an index of DNA identification records of persons convicted of crimes, and analyses of DNA samples recovered from crime scenes and from unidentified human remains” [1]
Since 1994, CODIS has been expanded in many states to include profiles of nonviolent offenders and arrestees and has become an invaluable tool for law enforcement in a variety of investigative contexts [3]
Summary
The Combined DNA Index System (CODIS) database was established by the Federal Bureau of Investigation (FBI) to aid in the exchange of DNA profiles in forensics investigations by facilitating data sharing and comparisons of short tandem repeat (STR) profiles at the local, state and national levels. Because biological materials are not collected directly from relatives under investigation during a familial search, the legal search occurs when the low-stringency DNA database search is run, such that investigators effectively include relatives of convicted offenders and arrestees in a database search From this perspective, in a familial search, CODIS offenders’ biological relatives may be considered the individuals being searched and are protected under the Fourth Amendment. Policy makers may assess the circumstances for which to conduct a familial search by weighing the needs to (a) prevent crime and protect the public interest and public safety and (b) protect against the infringement of individual privacy rights, avoid social ramifications (including disproportionate profiling of racial minority populations), ameliorate impacts on families and limit the potential financial and time burdens of familial searching on individual crime laboratories and police departments. The search may include these categories to provide the broadest scope
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