Arresting Crime: Expanding the Scope of DNA Databases in America

Arresting Crime: Expanding the Scope of DNA Databases in America I. Introduction The use of DNA1 identification in trials begins with the rape and murder of two teenage girls in 1986 in the small English village of Narborough. The killings led to the eventual prosecution of a serial rapist and murderer named Colin Pitchfork,2 the first criminal to be identified and subsequently prosecuted strictly on the basis of his DNA.3 The United States soon followed suit in 1987. 4 Since then DNA testing has been used regularly as evidence in criminal cases in the United States and abroad5 in much the same manner that fingerprints were used in the past.6 Forensic DNA databases are fast becoming one of the most important tools in the arsenal of United States law enforcement. These databases are computerized systems that store genetic profiles developed from DNA samples, allowing law enforcement agencies to search for matches with unidentified samples recovered from crime scenes.7 The use of DNA evidence for criminal identification has been called by some "`probably the greatest forensic advancement since the advent of fingerprinting,"'8 likened to "`the finger of God,"'9 and condemned by others as a threat to the constitutional guarantee of a fair trial.10 A DNA match can prove with near certainty a person's presence at a crime scene.11 Currently all fifty states have passed legislation authorizing criminal DNA databases,12 and every state has laws requiring that DNA samples be taken from certain classes of criminals.13 This Note explores the use of DNA databases in this country. Part II briefly explores the history, development, and use of forensic DNA databases in the United States. Part III discusses the debate surrounding the use of DNA databases. Part IV analyzes the expansion of the scope of DNA databases throughout the country and assesses the advantages, disadvantages, and likelihood of further expansions in light of constitutional and public policy concerns. IL Overview of the History of DNA Databases in the United States Although DNA databases in one form or another have been in use in the United States for about a decade, their size and number have increased greatly in recent years. This section examines the history and development of the DNA databases that are currently maintained in the United States by the Department of Defense, the individual states, and the federal government. A. The Department of Defense DNA Registry and Repository The military began using DNA to identify service member remains in 1991 during Operation Desert Storm. As a result, Desert Storm was the "first major war involving significant casualties in which no deceased UPS. serviceman was buried unidentified. "14 In 1991, after the successful use of DNA in the Gulf War, the Department of Defense (DoD) established the DNA Registry and Repository (the "Registry"). 15 To this end, DNA samples are taken from every military recruit and service member in the United States.16 Once collected, these samples are stored in a freezer at the DoD Registry in Gaithersburg, Maryland.17 The asserted purpose of this massive database is to assist in the task of identifying the remains of military personnel.18 As of February 1997, the Registry consisted of 1.65 million samples-- with three to four thousand new samples arriving daily-and it is expected to hold eighteen million samples at maximum capacity,19 making it the largest DNA database in the world.20 To assure the constitutionality and continued existence of the Registry, the DoD has established rigorous quality and security guidelines: there are one hundred random quality assurance tests conducted every month on the Registry's samples, and only twenty-eight individuals are authorized to handle the samples.21 Adherence to these guidelines is enforced through the required use of security codes by those authorized to handle the samples. …