Forensic DNA databasing in Portugal - contemporary issues in ethics, practices and policy

Period
April 1, 2010 to September 30, 2013
Duration
42 months
Abstract

This research project is concerned with the societal, ethical, practical, and political impacts of science and technology in society, by focusing the specific case of DNA database for forensic purposes in Portugal. Building upon the interdisciplinary competencies of the project team (2 sociologists, 1 law expert and 1 anthropologist) the study will serve as foundation for a set of integrated insights related to DNA technology. The interdisciplinary approach will be deepened by the involvement of consultants who are experts in the area of social studies of science and technology, forensic science, ethics and law. Since its origins in the mid-1980s, DNA profiling has become the ‘gold standard for identification’ in contemporary society (17, 3, and 4). Practitioners have deployed it to: determine parentage; verify claims to identity in civil contexts; identify bodies in wars and mass disasters, and infer the identity in crime scenes. These accomplishments rest on complex technologies and are reliant on social understandings of the epistemic authority of molecular biology (13). The power attributed to DNA profiling affords its growing importance in the criminal justice system and this technology has been presented to the general public as a contribution to crime reduction and public safety (30). Therefore, it is necessary an effective governance that helps to ensure that the efficiency of DNA databases is maximized, but also that their potential harmful effects (such as threatening privacy, liberty, autonomy and informed consent) are minimized (27). The proposed project seeks to provide theoretical and practical knowledge allowing for an understanding of the ethical, political and societal issues raised by the implementation of a DNA forensic database in Portugal. It explores its implications for civil society, governance, scientific and criminal investigation, as well as the practices of legal actors. Political aims of crime control, and legislative and ethical issues, on the one hand, and stakeholders’ expectations, matters of governance, public trust and involvement of civil society on the other hand, will receive particular attention. The consideration of those topics will seek to answer a series of central research questions as follows: 1. Questions about legislation. What specific legislation is being produced in Portugal, and how is it different or similar to the laws in other EU jurisdictions? 2. Questions about science and technology. Which actors and organizations are involved in the development of the Portuguese DNA databasing what are the aims and objectives being pursued? 3. Questions about science in the administration of justice. What legal adaptations (and changes in scientific practices) will be needed to provide a consensus and assure that the DNA evidence is interpreted and represented accurately? 4. Questions about ethics. How have ethical debates shaped the implementation and operation of DNA databasing in Portugal? What can Portugal learn from other nation states about the social and ethical implications arising from using and retaining DNA profiles as well as deriving ‘personal’ information from it? 5. Questions about implications for civil society. What are the different stakeholders’ views about the utility and the adequate uses of the DNA forensic database? How can the ordinary citizens be involved in the debate and how can they effectively communicate their views to policy makers?\n6. Questions about the potential deterrent effect for the practice of crime. What are the criminals/prisoners views of the DNA database and of the justice system, and their motivation to re-habilitation in the context of a society that uses this technology? These issues are highly appropriate in the Portuguese context where DNA laboratories were introduced only recently, and where a body of theoretical and empirical knowledge has not yet been established. Whereas the DNA technology is associated with high expectations, raised by politicians seeking to introduce new policies towards coping with crime and public safety issues, its success is crucially dependent on the performance of crime laboratories, state legislative support, public trust, legal professionals use of DNA evidence and the presence of public debate on the ethical implications of the technology. Providing knowledge and assessing the situation in these different areas may contribute to answering the question if the new technology is appropriate for the Portuguese context where the incidence of serious crime is low and economic resources are limited. Moreover, the study will evaluate the impact of DNA databases in a society characterized by low levels of trust in the criminal justice system (2; 5). Such an assessment will be obtained by doing extensive interviews with various types of stakeholders including citizens in general, as well as prisoners. Also, the project aims to be directly relevant to policy improvement and to provide for communication in the scientific and wider social realm. This research project is concerned with the societal, ethical, practical, and political impacts of science and technology in society, by focusing the specific case of DNA database for forensic purposes in Portugal. Building upon the interdisciplinary competencies of the project team (2 sociologists, 1 law expert and 1 anthropologist) the study will serve as foundation for a set of integrated insights related to DNA technology. The interdisciplinary approach will be deepened by the involvement of consultants who are experts in the area of social studies of science and technology, forensic science, ethics and law. Since its origins in the mid-1980s, DNA profiling has become the ‘gold standard for identification’ in contemporary society (17, 3, and 4). Practitioners have deployed it to: determine parentage; verify claims to identity in civil contexts; identify bodies in wars and mass disasters, and infer the identity in crime scenes. These accomplishments rest on complex technologies and are reliant on social understandings of the epistemic authority of molecular biology (13). The power attributed to DNA profiling affords its growing importance in the criminal justice system and this technology has been presented to the general public as a contribution to crime reduction and public safety (30). Therefore, it is necessary an effective governance that helps to ensure that the efficiency of DNA databases is maximized, but also that their potential harmful effects (such as threatening privacy, liberty, autonomy and informed consent) are minimized (27). The proposed project seeks to provide theoretical and practical knowledge allowing for an understanding of the ethical, political and societal issues raised by the implementation of a DNA forensic database in Portugal. It explores its implications for civil society, governance, scientific and criminal investigation, as well as the practices of legal actors. Political aims of crime control, and legislative and ethical issues, on the one hand, and stakeholders’ expectations, matters of governance, public trust and involvement of civil society on the other hand, will receive particular attention. The consideration of those topics will seek to answer a series of central research questions as follows: 1. Questions about legislation. What specific legislation is being produced in Portugal, and how is it different or similar to the laws in other EU jurisdictions? 2. Questions about science and technology. Which actors and organizations are involved in the development of the Portuguese DNA databasing what are the aims and objectives being pursued? 3. Questions about science in the administration of justice. What legal adaptations (and changes in scientific practices) will be needed to provide a consensus and assure that the DNA evidence is interpreted and represented accurately? 4. Questions about ethics. How have ethical debates shaped the implementation and operation of DNA databasing in Portugal? What can Portugal learn from other nation states about the social and ethical implications arising from using and retaining DNA profiles as well as deriving ‘personal’ information from it? 5. Questions about implications for civil society. What are the different stakeholders’ views about the utility and the adequate uses of the DNA forensic database? How can the ordinary citizens be involved in the debate and how can they effectively communicate their views to policy makers? 6. Questions about the potential deterrent effect for the practice of crime. What are the criminals/prisoners views of the DNA database and of the justice system, and their motivation to re-habilitation in the context of a society that uses this technology? These issues are highly appropriate in the Portuguese context where DNA laboratories were introduced only recently, and where a body of theoretical and empirical knowledge has not yet been established. Whereas the DNA technology is associated with high expectations, raised by politicians seeking to introduce new policies towards coping with crime and public safety issues, its success is crucially dependent on the performance of crime laboratories, state legislative support, public trust, legal professionals use of DNA evidence and the presence of public debate on the ethical implications of the technology. Providing knowledge and assessing the situation in these different areas may contribute to answering the question if the new technology is appropriate for the Portuguese context where the incidence of serious crime is low and economic resources are limited. Moreover, the study will evaluate the impact of DNA databases in a society characterized by low levels of trust in the criminal justice system (2; 5). Such an assessment will be obtained by doing extensive interviews with various types of stakeholders including citizens in general, as well as prisoners. Also, the project aims to be directly relevant to policy improvement and to provide for communication in the scientific and wider social realm.

Outcomes

Publication of scientific papers; participation in international conferences; consultant workshop; organization of training course.

Researchers
Filipe Santos
Helena Falcão de Oliveira
Helena Machado (coord)
Manuela Pereira da Cunha
Susana Costa
Susana Silva
Keywords
DNA database, forensic science, ethic, governance
Funding Entity
Portuguese Foundation for Science and Technology