DNA Profiling

The Development of DNA Databases

The United Kingdom pioneered the use of DNA as an investigative tool when it introduced its National DNA Database in 1995. Shortly thereafter in 1998, under the authority of the DNA Identification Act of 1994, the United States also introduced a DNA database, the Combined DNA Index System, which combines the National DNA Index System with local and state databases. The aim of such databases is to identify suspects by conducting electronic searches in an attempt to match DNA profiles of samples taken from crime scenes with DNA profiles of individuals stored on the database. As of May 2007, DNA had been used in 50,343 criminal investigations in the United States, and with at least 4,582,516 convicted offender profiles currently on record, reliance on the database will only increase.

Racial Issues

Those concerned about the impact of DNA profiling on minorities note that its increasing use takes place in the context of fractured relationships between law enforcement and ethnic minority groups. Troy Duster has hypothesized that given the historical police corruption, prejudice, and sometimes blatant racism that African Americans have suffered at the hands of the criminal justice system, minority groups may be more inclined to view DNA profiling and databases with anxiety and distrust. In 2005 the American Civil Liberties Union wrote a letter to the Senate Judiciary Committee, warning that the willingness of minority communities to cooperate with criminal investigations would be hindered by the passing of the Violence Against Women Act of 2005. The passage of the Violence Against Women Act, which included the DNA Fingerprint Act of 2005, widened the categories of individuals from whom DNA samples can be taken. Anyone arrested by the federal government or any foreign citizen detained by federal agencies will now have their profile uploaded onto the database. This includes individuals detained for immigration violations, many of whom are Hispanic. This will significantly increase the number of ethnic minority profiles, which will be added to the database on a yearly basis. Critics argue that DNA legislation continues to expand without consideration of its potential discriminatory effects.

At present, at least six states have the ability to take and maintain DNA samples in the database from individuals who are merely arrested for certain offenses. Given that non-Whites have a higher probability of being arrested than Whites, more widespread use of DNA sampling could criminalize a large percentage of minorities who have not yet been and may never be charged with, or convicted of, the offense for which they were arrested.

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