FDC Legal & Ethical Issues in DNA 4 — Questions and Answers
Question 1: What legal issue arises when a DNA profile from a genealogy database (e.g., GEDmatch) is used to identify a suspect without their direct knowledge or consent?
- Violation of CODIS upload regulations
- Potential Fourth Amendment and privacy law concerns regarding third-party database access (Correct answer)
- Breach of chain of custody protocols
- Violation of the Genetic Information Nondiscrimination Act
Correct answer: Potential Fourth Amendment and privacy law concerns regarding third-party database access
Using consumer genealogy databases for law enforcement investigations raises Fourth Amendment questions and may conflict with the platforms' terms of service and users' privacy expectations.
Question 2: A suspect's DNA profile is uploaded to CODIS but later determined to be ineligible for the database (e.g., a misdemeanor-only offense in a state that prohibits such uploads). What must occur?
- The profile may remain if it has already generated a hit
- The profile must be expunged from the database (Correct answer)
- The profile is flagged but retained for supervisory review
- The profile is reclassified as a forensic unknown sample
Correct answer: The profile must be expunged from the database
Profiles ineligible under applicable state or federal law must be expunged from CODIS to maintain legal compliance, even if investigative leads were already generated.
Question 3: Which doctrine holds that evidence derived from an unlawful search or seizure—including DNA evidence—may be excluded from trial?
- Plain view doctrine
- Exclusionary rule
- Fruit of the poisonous tree doctrine
- Both B and C (Correct answer)
Correct answer: Both B and C
The exclusionary rule bars illegally obtained evidence, and the fruit of the poisonous tree doctrine extends this bar to derivative evidence, both potentially excluding unlawfully gathered DNA.
Question 4: What is the ethical obligation of a forensic DNA analyst who discovers potential misconduct or evidence tampering by a colleague?
- Confront the colleague privately and allow them to correct the error before reporting
- Immediately report the concern through appropriate institutional and accreditation channels (Correct answer)
- Document the suspicion personally and wait for formal audit findings
- Transfer the case to another analyst without disclosure
Correct answer: Immediately report the concern through appropriate institutional and accreditation channels
Professional ethics codes in forensic science require analysts to report suspected misconduct to supervisors and, where appropriate, accreditation bodies, to protect the integrity of the justice system.
Question 5: In the context of DNA evidence and post-conviction review, which organization has been instrumental in using DNA testing to exonerate wrongfully convicted individuals?
- The National Institute of Justice
- The Innocence Project (Correct answer)
- The American Academy of Forensic Sciences
- The National DNA Index System oversight board
Correct answer: The Innocence Project
The Innocence Project is a nonprofit legal organization that uses DNA testing to seek exoneration for wrongfully convicted individuals and advocates for criminal justice reform.
Question 6: Which principle of research ethics requires that forensic genetic research minimize harm and maximize benefits to participants and society?
- Autonomy
- Justice
- Beneficence (Correct answer)
- Veracity
Correct answer: Beneficence
Beneficence obligates researchers to act in the best interest of participants, maximizing benefits and minimizing harm in the design and conduct of studies involving genetic data.
Question 7: Under what circumstance may a forensic laboratory legally share a DNA profile from CODIS with a foreign law enforcement agency?
- Whenever the foreign agency requests it informally through an Interpol notice
- Only through formal mutual legal assistance treaties (MLATs) or other authorized legal channels (Correct answer)
- After the laboratory director provides written approval
- Sharing with foreign agencies is absolutely prohibited under all circumstances
Correct answer: Only through formal mutual legal assistance treaties (MLATs) or other authorized legal channels
International sharing of CODIS data must occur through legally authorized channels such as MLATs to ensure compliance with U.S. law and protect individuals' rights.
FDC Legal & Ethical Issues in DNA 4
What legal issue arises when a DNA profile from a genealogy database (e.g., GEDmatch) is used to identify a suspect without their direct knowledge or consent?