Forensic Identification in Other Jurisdictions (From Forensic Identification and Criminal Justice: Forensic Science, Justice and Risk, P 158-178, 2006, Carole McCartney, -- See NCJ-216086)

• NCJ Number: 216091
• Author(s): Carole McCartney
• Date Published: 2006
• Length: 21 pages
• Sale Source: Willan Publishing
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

This chapter reviews the laws and attitudes surrounding fingerprinting or DNA sampling and the development of DNA databases in a selection of European countries, the United States, Canada, Australia, and New Zealand.

Abstract

The United Kingdom lead the way in the development of forensic DNA databases, followed shortly after in 1998 by the Netherlands, Austria, Germany, Slovenia, and Cyprus. France instituted a limited DNA database about the same time, followed by the introduction in 1999 of databases in Finland and Norway. In 2000, Belgium, Denmark, Spain, and Switzerland established DNA databases followed by the Czech Republic, Italy, Portugal, and Sweden in 2001 and Lithuania and Greece in 2002. Hungary joined the mix in 2003 followed by Slovakia and Estonia in 2004. Only Latvia, Luxembourg, Malta, and Poland remain without DNA databases among European countries. There is a wide variation in the size and scope of the DNA databases as well as the laws pertaining to the taking of DNA samples and their retention in a database. The author reviews the legislative developments pertaining to forensic sampling and to the development of DNA databases in Ireland, Germany, Switzerland, Austria, the Netherlands, Belgium, and France. The author also reviews pan-European developments in the establishment of DNA databases, focusing on the creation of systematic procedures to facilitate data-sharing across Europe. All members of Interpol use forensic DNA profiling and many have DNA databases, which has facilitated cross-border cooperation in law enforcement investigations, although much work remains to be done in terms of cross-border compatibility. The author also focuses on legislation governing the use of fingerprint and DNA evidence in courtrooms and the collection of nonconsensual DNA samples from criminal suspects in the United States, Canada, New Zealand, and Australia. The expansion of the DNA sampling abilities of law enforcement and the use of DNA databases is expected to increase. Footnotes