Worksheet Tutorial 6 The National DNA Database: crime solving tool or violation of civil liberties? By Sir Bob Hepple QC, FBA, Emeritus Master of Clare College and Emeritus Professor of Law, University of Cambridge .

DNA profiling has had a dramatic impact on the detection and prosecution of crime. But this rapidly developing technology has also given rise to many concerns. Where does the proper balance lie between the right to privacy and the need to fight crime? Are we being turned from a nation of citizens, presumed to be innocent, into a nation of suspects? The lack of data on public attitudes towards the DNA database was recently highlighted by the House of Commons Select Committee on Science and Technology. In response to these concerns, the Nuffield Council on Bioethics has established a Working Group to consider the issues raised by the use of bioinformation for forensic purposes, in particular DNA. The Council launched a consultation in October to obtain views from both individuals and organisations. The issues on which the Council would particularly welcome comments are summarised below. Are the current criteria for the collection of DNA proportionate to the aims of tackling crime? The UK has the largest forensic DNA database in the world. At the end of December 2005, the National DNA Database (NDNAD) held DNA profiles from over 3 million individuals, about 5.2 percent of the UK population. Predictions suggest that under present laws, the Database could soon encompass up to 25 per cent of the male population and 7 per cent of the female population. The police in England and Wales have powers, unrivalled internationally, to take a DNA sample from any individual arrested for a recordable offence, without their consent. Victims and witnesses can also have their DNA samples taken for elimination purposes, and have no right to withdraw their consent. The DNA profile is then stored on the Database indefinitely, whether the person is charged or not. Recent public campaigns have highlighted the inclusion on the NDNAD of individuals who have been arrested but have not been charged with any offence. These campaigns have drawn particular attention to the increasing numbers of children who have their personal data retained on forensic databases. By December 2005, there were 24,168 persons under 18 years of age on the NDNAD who had not been charged or cautioned for any offence. The legality of the retention of DNA samples and profiles from individuals who are not subsequently charged or convicted of any criminal offence after their arrest has been reviewed by the House of Lords in R v Chief Constable of South Yorkshire (ex parte S and Marper) It was decided that although the retention of DNA may breach Article 8 of the European Convention on Human Rights, the breach was proportionate and justified in the detection and investigation of crime. The House of Lords also ruled that there was no breach of Article 14. The case is soon to be considered by the European Court of Human Rights. Should volunteers be able to withdraw their consent at a later stage? Once volunteers (who may be victims, witnesses or others helping the police) consent to their profiles being put onto the NDNAD, their decision is irrevocable. This approach is contrary to standard practice in medical research, and differs from practice in Scotland and many European countries, where consent can be withdrawn. Who should have access to the NDNAD? The law is clear that bioinformation stored on forensic databases may only be used for purposes related to preventing, detecting, and prosecuting crime. The NDNAD is used, however, for forensic research purposes and within wider police intelligence systems. For example, forensic scientists have been conducting research in an effort to be able to develop an ethnic inference database for predicting the likelihood of an undetected offender having one ethnic appearance as opposed to another. Is the potential for bias within the Database acceptable? There have been concerns raised that the sampling powers of the police have led to biases in the populations held on the Database. Some groups such as young males and black ethnic minorities are disproportionately represented (a third of black males in England and Wales are on the NDNAD). Such over-representation means that the impact of the retention of bioinformation on databases is not equally shared amongst all citizens. There have been suggestions that

when a person’s bioinformation is present on a forensic database, it inevitably increases the risk of suspicion being raised against him or her, undermining the presumption of innocence. Would the collection of DNA from everyone at birth be more equitable? It has been suggested that it would be more equitable to collect DNA from everyone at birth rather than collecting samples only from those who come into contact with the criminal justice system. The Prime Minister recently has said he wants to see the maximum number of people on the Database to help fight crime. This approach would ensure that the use of bioinformation was equally applied to all citizens, regardless of race, ethnicity, age or gender. However, it could be argued that such an extension of forensic databases would not only be costly but would also be disproportionate to the need to prevent and prosecute crime. How should DNA evidence be used in court? Recent successful criminal appeals have highlighted the continuing risks attending the use of complex statistical evidence in criminal courts. Scientific evidence, and the accompanying statistical data, may not be properly understood by non-experts involved in criminal proceedings, such as members of a jury, or even lawyers and judges. There is also concern that, while a DNA match cannot be used in isolation from other evidence in a prosecution, it may be given undue weight in the courts.

COMPREHENSION 1) FROM “THE NATIONAL DNA DATABASE” TO “SUMMARIZED BELOW” A. Match the words in the right column with those in the left column: a. Worry b. a high-ranking British lawyer c. Catalogue d. Equilibrium e. Insufficient number f. recapitulated g. remarkable h. question i. related to scientific methods of solving crimes a. b. c. d. e. f. g. h. i.

1. 2. 3. 4. 5. 6. 7. 8. 9.

database forensic concern lack QC dramatic issue balance summarised

B. Are the following statements right or wrong? Justify with the relevant quote The Parliament is not interested in the DNA database. ______________________________________________________________________________________ There haven’t been many surveys on what people think of the issues raised by the use of DNA samples. _____________________________________________________________________________________ 2)

FROM “ARE THE CURRENT CRITERIA” TO “EUROPEAN COURT OF HUMAN RIGHTS” A. Match the words in the right column with those in the left column: a. To be accused of a crime 1. Encompass b. agreement 2. subsequently c. include 3. stored d. unequalled 4. recordable e. for which the police can keep details 5. consent f. stocked up 6. cautioned g. officially warned 7. review h. later 8. withdraw i. examine 9. unrivalled a. b. c. d. e. f. g. h. i.

R/W

R/W

B. Are the following statements right or wrong? Justify with the relevant quote The UK will soon get as big a database as the US.

R/W

_______________________________________________________________________________________ Men and women are equally represented in the database.

R/W

______________________________________________________________________________________ People must be over 18 to be listed in the DNA database.

R/W

______________________________________________________________________________________ 3. FROM: “SHOULD VOLUNTEERS BE ABLE” TO “THE PRESUMPTION OF INNOCENCE” A. Match the words in the right column with those in the left column: a. b. c. d. e. f.

Probability Supposition Weakening Period avoiding unfair preference

a.

b.

1. 2. 3. 4. 5. 6. c.

d.

undermining Inference likelihood Preventing Bias Stage

e.

f.

B. Are the following statements right or wrong? Justify with the relevant quote The rules applied to the possibility of withdrawing from the database are similar in Scotland, England, Wales and Northern Ireland. R/W ________________________________________________________________________________________ The law states that bioinformation should only be used for crime-related purposes.

R/W

________________________________________________________________________________________ Forensic scientists are trying to create a special database to determine the ethnic origin of offenders.

R/W

________________________________________________________________________________________ Being in the database reduces the risks of being considered guilty.

R/W

________________________________________________________________________________________ 4.FROM “WHO SHOULD HAVE ACCESS” TO “IN THE COURT” A. Match the words in the right column with those in the left column: a. b. c. d. e. f. g.

Excessive Correctly Not considering legal action when someone is officially accused of committing a crime in a court of law A small part of something Accompanying a.

b.

c.

d.

e.

1. 2. 3. 4. 5. 6. 7. f.

Samples Regardless of Attending Properly Proceedings Prosecution Undue g.

B. Are the following statements right or wrong? Justify with the relevant quote Some people think everybody’s DNA should be collected at birth to avoid unfair treatments.

R/W

____________________________________________________________________________________ The Prime Minister disagrees with that proposal.

R/W

____________________________________________________________________________________ One of the problems would be the cost of that measure.

R/W

____________________________________________________________________________________ Not all people involved in judiciary decisions are capable of using scientific data.

R/W

____________________________________________________________________________________ Courts will know how to give DNA information the right importance.

R/W

____________________________________________________________________________________ PAIR WORK Student A: Positive Aspects: The National DNA Database is often presented as a good crime solving tool, why? What are the advantages of this database? What are its specificities? What would be the advantages of having everyone’s DNA on the database? Student B: Negative aspects: To what extent do you think that the DNA database represents a violation of civil liberties? What are the drawbacks of the system? Authorities are currently thinking about putting everyone’s DNA on the database, why can it be seen as dangerous? GRAMMAR A. ANY IN POSITIVE SENTENCES Rappel: Some , any ,no .+ compounds Some is used in affirmative sentences, Any in negative and interrogative sentences and No = not any Exceptions: Some(or compounds) in questions  the answer is supposed to be positive. Any (or compounds) in positive sentences  means n’importe… Translate the following sentences 1. The police have powers to take a DNA sample from any individual arrested for a recordable offence, without their consent. _______________________________________________________________________________________ _______________________________________________________________________________________ 2. Recent public campaigns have highlighted the inclusion on the NDNAD of individuals who have been arrested but have not been charged with any offence. _______________________________________________________________________________________ _______________________________________________________________________________________

3. By December 2005, there were 24,168 persons under 18 years of age on the NDNAD who had not been charged or cautioned for any offence. _______________________________________________________________________________________________ ________________________________________________________________________________________ Exercise: Fill in the blanks _____________can decide to give or not___________information to help the police. However_____________can change their mind after agreeing to give their DNA. The police will change_________to their system of investigation which they find satisfactory. But it remains commonplace to believe that_________clue can be more useful than DNA to decide if a suspect is guilty or not. DNA can be taken__________on an individual (hair, skin…) B. CONCESSION: -Though, although, even though +S+ Vb -In spite of, despite +( Adj Possessif )+ Gerund -S+Vb…… however /and yet…S+Vb………

Although I speak slowly, he doesn’t understand. In spite of my speaking slowly, he doesn’t understand. I speak slowly, and yet, he doesn’t understand.

Rewrite the following sentences with the other two patterns: make the necessary changes 1. It was decided that Although the retention of DNA may breach Article 8 of the European Convention on Human Rights, the breach was proportionate and justified in the detection and investigation of crime. a)_____________________________________________________________________________________________ _______________________________________________________________________________________________ b)_____________________________________________________________________________________________ ______________________________________________________________________________________________ 2. The law is clear that bioinformation stored on forensic databases may only be used for purposes related to preventing […] crime. The NDNAD is used, however, for forensic research purposes and within wider police intelligence systems. a)_____________________________________________________________________________________________ _______________________________________________________________________________________________ b)_____________________________________________________________________________________________ ______________________________________________________________________________________________ 3. This approach would ensure that the use of bioinformation was equally applied to all citizens, regardless of race, ethnicity, age or gender. However, it could be argued that such an extension of forensic databases would not only be costly but would also be disproportionate to the need to prevent and prosecute crime. a)_____________________________________________________________________________________________ _______________________________________________________________________________________________ b)_____________________________________________________________________________________________ ______________________________________________________________________________________________