New genetic technologies promise to generate valuable insights into the aetiology of several psychiatric conditions, as well as a wider range of human and animal behaviours. Advances in the neurosciences and the application of new brain imaging techniques offer a way of integrating DNA analysis with studies that are looking at other biological markers of behaviour. While candidate 'genes for' certain conditions, including schizophrenia and bipolar disorders, are said to be 'un-discovered' at a faster rate than they are discovered, many (...) studies are being conducted on personality traits such as aggressiveness and anti-social traits. The clinical applicability and implications of these studies are often discussed within the scientific community. However, little attention has so far been paid to their possible policy implications in relation to criminality management and to Criminal Law itself. Similarly, the related ethical issues arising in the field of crime control, and the tensions between enhancing security for society and protecting civil liberties, are currently under-explored. This paper investigates these ethical issues by focusing on the views of those professionals – including judges, lawyers, probation officers and social workers – who work with individuals 'deemed at risk' of violent and aggressive behaviours. It also discusses and problematizes mainstream rhetoric and arguments around the notion of 'risky individuals'. (shrink)

Since the mid-1990s most EU Member States have established a national forensic DNA database. These mass repositories of DNA profiles enable the police to identify DNA stains which are found at crime scenes and are invaluable in criminal investigation. Governments have always brushed aside privacy objections by stressing that the stored DNA profiles do not contain sensitive genetic information on the included individuals and that they reside under the statutory privacy protection regulations. However, it has been generally overlooked that the (...) police also store the DNA samples from which the DNA profiles are derived. Although these DNA samples are actually a potential source of genetic information, they have so far scarcely been the subject of discussion. In this article we will show that both European and national regulations offer inadequate protection to completely prevent function creep, that is, the use of these forensic DNA samples for purposes beyond those envisaged at the time of collection. (shrink)

As forensic techniques continue to improve, reports on the success of the police in using DNA analysis for solving past and present criminal cases are becoming an everyday occurrence in the media. There are two avenues by which police can collect and obtain access to DNA samples. The first is on the basis of legislation that allows the police to forcibly collec t samples in some situations. The second is through an access order granted by the court, which allows access (...) to samples from existing collections held by other parties. The purpose of this paper is to compare these two legal mechanisms that allow the police to acquire and access DNA samples. My concern is the increase in collection of DNA samples for genetic research, the moves to standardise data collection and the computerisation of medical records, may make research collections more attractive to the police. Are we are prepared for research collections to become an extension of the National DNA Database used for crime detection? In the USA a decision has been made that the police should not be allowed access to samples and information derived from ‘sensitive’ research. This article considers ‘the certificates of confidentiality’ that have been instigated by the National Institute of Health in the USA in order to prohibit such uses of research collections by the police. In this article I consider whether certificates of confidentiality should be used in the UK, as a way of providing greater protection to researchers and participants in research. (shrink)