The Use Of DNA In Criminal Investigations

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Recommended: Writing a literature review on dna in criminal investigation

I – Introduction
The use of DNA in the process of criminal investigations has become a useful tool in the facilitation of justice. In order to enhance its effectiveness, proposals for the expansion of DNA databases are common. But how would the implementation of a universal, compulsory database in New Zealand be received? The rights most notably at tension here are various privacy rights of individuals, and the public safety value in crime-solving, both of which remain highly valued in our society. Considering the value of such a scheme requires stark evaluation of how it will impact upon these rights. When considering the wider implications of such a program on society, it remains evident that the breaches in privacy rights are significant. …show more content…

It is within a person’s sphere of privacy that the person nurtures his or her autonomy and shapes his or her individual identity. The nexus between human dignity and privacy is particularly close.
Privacy is defined by Gavison as having three elements, which can be effectively summarised with the following three terms - secrecy, solitude and anonymity:
Our interest in privacy…is related to our concern over our accessibility to others: the extent to which we are known to others, the extent to which others have physical access to us, and the extent to which we are subject of others' attention.
When considering the collection of DNA under Gavison’s principles of privacy it clearly constitutes a violation. The highly personalised and important nature of our genetic information lends to the secrecy and anonymity portions of the privacy right. While the actual collection of DNA involves infringement on spatial privacy, or a person’s freedom from unwanted …show more content…

These DNA profiles, referred to as junk DNA, in theory only contain the information necessary to get an accurate match, omitting the truly fundamental elements of the persons DNA. The reality is that DNA is relatively new, and to an extent uncertain science, markers previously thought to be meaningless now have been found to contain predictive medical information. It has therefore been theorised that as technology develops we will discover more about what information this ‘junk DNA’ can provide.
One of the most pressing concerns for any development of a universal DNA database for New Zealand is the idea of function creep causing the database to adapt to meet other needs not initially intended. New Zealand’s existing database has been subject to this, with parliamentary Hansard comments in the 2009 Bill indicating it was intended that the scope of the Act be widened over time. The possible reality of function creep is rather concerning, and therefore its likelihood and effects should be evaluated prospectively as noted by

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