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Forensic DNA Databases: A Global Update NISI Seminar February 26, 2010 Seoul, Korea

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Forensic DNA Databases: A Global Update NISI Seminar February 26, 2010 Seoul, Korea Presented by: GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202 ... – PowerPoint PPT presentation

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Title: Forensic DNA Databases: A Global Update NISI Seminar February 26, 2010 Seoul, Korea


1
Forensic DNA Databases A Global Update
NISI Seminar February 26, 2010 Seoul, Korea
Presented by GORDON THOMAS HONEYWELL Governmenta
l Affairs Washington, DC (202) 258-2301 Tacoma,
WA (253) 620-6500
Tim Schellberg tims_at_gth-gov.com
2
Gordon Thomas Honeywell Government Affairs
Washington, DC Tacoma, Washington
3
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International.DNAresource.com
  • 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

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8
Offender DNA Databases
  • SOLVE MORE CRIME
  • PREVENT MORE CRIME
  • EXONERATE THE INNOCENT
  • COST / BENEFIT

9
Offender Database Size Controls the Hit Rates
  • 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_________________________________9
    0-99?

10
5 STAGES OF FORENSIC DNA PROGRAMS
  • Global Observations

11
  • Named suspect-to-crime scene evidence only NO
    DATABASE

12
  • Databases without offenders
  • Suspects and crime scenes compared against crime
    scene databases (some suspect databases too)

13
  • Offender Database Legislation
  • The essential element No database legislation
    means no significant casework testing

14
  • Unsolved Casework Demand
  • Increases as database grows Higher Hit rates
    encourage more non-suspect demand.

15
  • Urgency (turnaround time)

16
North America Central America South America
Europe Middle East Africa
Asia Australia Oceania
GLOBAL LEGISLATIVE UPDATE
17
North America
18
United States
  • Database 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

19
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 dont pay for testing

20
Europe
21
United Kingdom
  • Database 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

22
The Marper Challenge Deciding 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 Kingdoms Home Office Response
  • Retain arrestee suspect profiles for up to 12
    years depending on severity of the crime.
  • Parliament
  • Reject Home Offices proposal. Negotiations
    pending.

23
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

24
ENFSI DNA Database Overview as of April 2009
25
Software used by ENFSI Member Countries
26
New Legislation EUROPE
  • 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
    (? ??????????????? ???????? ??????????? ?
    ?????????? ?????????) 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

27
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

28
Asia
29
New Legislation ASIA
  • 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

30
Asia DNA legislation is expanding rapidly whos
next?
  • India
  • Legislation positioned to pass in 2010 Priority
    for new leadership
  • Thailand
  • Legislation being drafted.
  • CODIS being pursued
  • Vietnam
  • Offender database policies being developed
  • CODIS being considered

31
Middle East
32
Population Wide Databases A Middle East Trend?
  • 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

33
Australia Oceania
34
New Legislation NEW ZEALAND
  • 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

35
Africa
36
New Legislation AFRICA
  • 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.

37
Central America
38
South America
39
New Legislation SOUTH 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.

40
DNA ADVOCACY
  • Law Enforcement, Prosecutors, Victims and Public
    Safety
  • The force behind the growth

41
  • Other Emerging DNA Issues

42
Familial Searching
Touch DNA
Property crime programs
  • Preventing crime with DNA databases

43
ARRESTEE DNA LAWS PREVENTING CRIMES
Chicago Police Department Study 60 Preventable
Crimes linked to 8 offenders
Denver District Attorneys Office Study 47
Preventable Crimes linked to 5 offenders
Maryland Governors Office Study 20 Preventable
Crimes linked to 3 offenders
TOTAL 127 Preventable Crimes
44
The Balancing Test of DNA Databases
  • Overcoming privacy concerns

45
Questions
www.dnaresource.com tims_at_gth-gov.com
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