التفاصيل البيبلوغرافية
| العنوان: |
ESTIMATING A FACE: WHAT PREDICTING APPEARANCE FROM DNA REVEALS ABOUT THE NEED TO REGULATE GENETIC INVESTIGATIONS. |
| المؤلفون: |
DURKIN, ALLISON |
| المصدر: |
Washington University Law Review; 2024, Vol. 101 Issue 4, p1241-1310, 70p |
| مصطلحات موضوعية: |
FORENSIC document examination, DNA fingerprinting, PRISON sentences, CRIMINAL justice system, INTERNATIONAL law |
| مستخلص: |
Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to half of all the wrongful convictions that the Innocence Project has exposed, and one-quarter of all known wrongful convictions in the United States. One of the few forensic disciplines not developed for courtrooms but for life sciences research, DNA identity testing has helped to expose the inaccuracies of other, flawed forensic disciplines. After the introduction of DNA identity testing into the legal system, national and state legislation established guardrails for its use. But legislation has not kept pace with the application of new genetic tools in the criminal legal system. This Article advocates for deliberative bodies to regulate investigative genetic techniques and examines forensic DNA phenotyping--a controversial investigative method to estimate the appearance of a suspect from his DNA--as an illustrative example. This Article shines light on the use of forensic DNA phenotyping and similar genetic appearance estimation tools in the U.S. criminal legal system by drawing upon legal, medical, and forensic literatures; conversations with stakeholders; and original freedom of information requests. In so doing, this Article considers what is at stake when a genetic technology proliferates within the criminal legal system without independent oversight. It discusses whether the nature of the genetic analysis--the fact that forensic DNA phenotyping reveals far more than its legislatively authorized counterpart--matters for the Fourth Amendment after the Supreme Court's 2018 decision in United States v. Carpenter. Finally, the Article draws upon international regulation of forensic DNA phenotyping to offer lessons for how legislators can, and why they should, regulate forensic DNA phenotyping and other genetic investigative techniques. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
Complementary Index |
