forensic dna databases: a global update nisi seminar february 26, forensic dna databases: a global...
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Forensic DNA Databases:Forensic DNA Databases:
A Global UpdateA Global Update
NISI SeminarNISI Seminar February 26, February 26, 2010
Seoul, Korea
Presented by:
GORDON THOMAS HONEYWELLGovernmental Affairs
Washington, DC (202) 258-2301Tacoma, WA (253) 620-6500
Gordon Thomas Gordon Thomas Honeywell Honeywell Government Government
Affairs Affairs
Washington, DC Tacoma, Washington
•Comprehensive and up-to-date information on DNA database programs worldwide.
•Color-coded for easy recognition of database status
•Country profiles include DNA database criteria and technical specifics
•Continuously updated resources to include laws, amendments, news articles, and other external information
International.DNAresource.comInternational.DNAresource.com
SOLVE MORE CRIME
PREVENT MORE CRIME
EXONERATE THE INNOCENT
COST / BENEFIT
Offender DNA Databases
Offender Database Size Controls the “Hit Rates”
Estimates Estimates Sex offenders 5%
Sex offenders & Violent offenders ____ 10%
Sex offenders, Violent offenders and Property crimes 20%
All crimes, minus minor crimes 40%
All crimes 50%
All arrestees 60%
Whole Population_________________________________90-99%?
5 STAGES OF FORENSIC 5 STAGES OF FORENSIC DNA PROGRAMSDNA PROGRAMS
Global Observations
Named suspect-to-crime scene evidence only – NO DATABASE
Databases without offenders Suspects and crime scenes compared against crime scene databases (some suspect databases too)
Named suspect-to-crime scene casework only, no database
Offender Database Legislation The essential element: No database
legislation means no significant casework testing
Named suspect-to-crime scene evidence only – NO DATABASE
Databases without offenders
Named suspect-to-crime scene casework only, no database
Offender Database Legislation
Unsolved Casework Demand
• Increases as database grows – Higher Hit rates encourage more non-suspect demand.
Offender Database Legislation
Urgency (turnaround time)
Offender Database Legislation
Unsolved Casework Demand
Named suspect-to-crime scene casework only, no database
Unsolved Casework Demand
North America
Central America
South America
Europe
Middle East
Africa
Asia
Australia & Oceania
GLOBAL LEGISLATIVE UPDATE
North AmericaNorth America
United StatesDatabase Size
– 3 Federal, 50 state, and over 70 local databases
– Common themes exist, but all 50 States have separate database laws
– 7.3 million offender samples
– 281,000 crime scene samples
– 47 States collect from all convicted felons, except minor crimes
– Remaining 3 States collect from all violent crimes and burglary
– 21 States collect DNA from arrested offenders
– Profile Removal: • Convicted offenders – No (unless conviction is overturned)
• Arrested offenders – Yes
– Sample Destruction: NO – Aggressively Opposed in the US
United States
Funding
– States fund most of the costs
– $1.5 Billion federal investment (Grants to the States)
Problems - Backlogs are significant: Private labs vs. building public lab
capacity
- Still looking for a shift in law enforcement collection habits
- Turn around time lags far behind United Kingdom
- Privacy challenges with arrestee samples
- Local governments generally don’t pay for testing
EuropeEurope
United KingdomDatabase Size
– One national database – 4.8 million offender samples– Database formerly operated by the Forensic Science Service (FSS), but
transitioned to the National Policing Improvement Agency (NPIA) in 2009– Law requires permanent databasing of all people arrested– Nearly 556,794 Crime Scene samples – Hit Rate is currently 56.3%– See the UK annual report at http://www.npia.police.uk/en/14395.htm
Funding– Strong financial support from national government to operate NPIA – Local governments also invest heavily in casework
Collection and Casework– Aggressive crime scene casework – Adds an average of 953.3 profiles to the crime scene database each week – Over 1,042 crime scene to crime scene or suspect to crime scene hits each
week
The Marper ChallengeDeciding the issue of
arrestee DNA retention in Europe
• S. and Marper v. The United Kingdom (Dec. 2008)– European Court of Human Rights – FINDING: Permanent retention of arrestee DNA
samples a violation of privacy under the European Convention of Human Rights – UK must develop new policies.
• United Kingdom’s Home Office Response – Retain arrestee suspect profiles for up to 12 years depending on severity
of the crime.
• Parliament – Reject Home Office’s proposal. Negotiations pending.
Remaining European COUNTRIES
Current Database Laws
Most countries have databases Extensive purging required Database size varies Over 50% using CODIS software
The Future of European Databases
Strong recognition that the future is suspect databases European-wide searches through the Prum Treaty New European Union requirement for each Member Country to have DNA
database laws
ENFSI DNA Database Overview ENFSI DNA Database Overview as of April 2009as of April 2009
Software used by ENFSI Member CountriesSoftware used by ENFSI Member Countries
Russia– New law effective January 2009, but not operational until 2010
– Convictions for serious crimes and unidentified bodies
– Removal of profile only upon death (or at 100 years of age)
– The law, National Genetic Registration in Russia (О государственной геномной регистрации в Российской Федерации) N 242-FZ available here
Italy– Passed new database law in June 2009 to strengthen criminal
investigations and for Prüm Treaty compliance
– Convicted offenders and suspect profiling when request by judge
– Text of the law, N. 586-905-955-956-960-B can be accessed here
New Legislation EUROPE
• Greece– Identification Law 3783/2009 approved July 2009 and entered
into force on August 7, 2009– Crimes punishable by 3 + months imprisonment – Convicted profiles held until death, suspects destroyed on
acquittal– Official law can be viewed here
• Ireland– Criminal Justice (Forensic Sampling and Evidence) Bill is
currently before the Dáil Éireann, the lower house.– Likely to pass by the end of the year– Includes provisions for crimes scenes, suspects, convicts,
volunteers, mass screenings, missing persons, and “evidential” tests
– Exclusionary DB for crime scene and laboratory personnel
New Legislation EUROPE
AsiaAsia
• South Korea– Approved by the Korean Parliament in December. Takes
effect in July, 2010– Includes offenders convicted of violent and sexual crimes
• Malaysia– New DB law entered into force in June of this year– Includes convicted, arrested, missing persons and
detainee and voluntary– International cooperation provisions– Comprehensive privacy provisions – Retroactive for prisoners– Voluntary samples must be approved by senior officer– Arrestee samples and profiles must be destroyed if not
convicted
New Legislation ASIA
Vietnam • Offender database policies being
developed• CODIS being considered
Asia DNA legislation is expanding rapidly – who’s
next?
Thailand• Legislation being drafted. • CODIS being pursued
India • Legislation positioned to pass
in 2010 Priority for new leadership
Middle EastMiddle East
United Arab Emirates
– On October 2, the UAE announced it will establish a national DNA database of residents
– Currently samples are taken from suspected, convicted, and incarcerated criminals
– The plan would be the first of its kind globally
– Other uses include: identification of disaster victims, missing persons, paternity issues, as well as citizenship and immigration concerns.
– The National Council may have to pass new legislation prior to implementation
Population Wide DatabasesA Middle East Trend?
Australia & Australia & OceaniaOceania
• The Criminal Investigations (Crime Scene) Bill (passed October 27) expands the national database
• Permits investigators to collect samples from anyone they 'intend to charge'
– Previously, police could only take samples with consent, with judicial approval, or for crimes punishable by 7+ years imprisonment
• Includes provisions for destruction of suspect samples
• Full implementation expected in 2011
• Official text for the new law can be found here
New LegislationNEW ZEALAND
AfricaAfrica
• Mauritius– DNA Identification Act 2009 passed in late June– Includes convicted offenders and suspects– Suspect profile held up to 10 years – Official English text of law can be viewed here
• South Africa– The Criminal Law (Forensic Procedures) Bill is currently before
Parliament– Includes provisions for crime scene, convicted offender, and
volunteer and exclusionary profiles– Expected to pass; has significant support from the ANC
• Nigeria– National DNA database bill passed second reading in the Senate on
October 14th
– Appears to have notable support given the high crime rates in the country.
New Legislation AFRICA
Central AmericaCentral America
South AmericaSouth America
Brazil– BN 4335 establishes a DNA database– Currently limited to sex offenders – Legislation expected to expand to all convicted criminals– Brazilian Federal Police to run program.
Chile– Recent legislation to be implemented – Limited to violent convicted offenders– Crime lab being built for databasing– Database program to begin in 2010
Argentina– State of Cordoba and District of Buenos Aires passed legislation to
allow a DNA database. Scope of the database to be developed administratively.
– Federal government developing plan to introduce legislation.
New Legislation SOUTH AMERICA
DNA ADVOCACYLaw Enforcement, Prosecutors,
Victims and Public SafetyThe force behind the growth
Other Emerging DNA Issues
Familial Searching
Preventing crime with DNA databases
Touch DNA
Property crime programs
Chicago Police Department Study
60 Preventable Crimes linked to 8 offenders
Denver District Attorney’s Office Study
47 Preventable Crimes linked to 5 offenders
Maryland Governor’s Office Study
20 Preventable Crimes linked to 3 offenders
ARRESTEE DNA LAWS: PREVENTING CRIMES
TOTAL: 127 Preventable Crimes
The Balancing Test of DNA Databases
Overcoming privacy concerns
