FDC Legal & Ethical Issues in DNA 5 — Questions and Answers
Question 1: Which federal statute prohibits health insurers from using genetic information to determine eligibility, set premiums, or impose pre-existing condition exclusions?
- HIPAA Privacy Rule
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act (GINA) Title I (Correct answer)
- Affordable Care Act Section 2704
Correct answer: Genetic Information Nondiscrimination Act (GINA) Title I
GINA Title I specifically prohibits health insurers from using genetic information as a basis for eligibility decisions, premium adjustments, or pre-existing condition exclusions.
Question 2: What is the key legal concern when law enforcement conducts a 'surreptitious DNA collection,' such as retrieving a coffee cup discarded by a suspect?
- Violation of CODIS data submission standards
- Whether the suspect had a reasonable expectation of privacy in the abandoned item (Correct answer)
- Whether the collection was witnessed by a neutral third party
- Whether the suspect was advised of Miranda rights before collection
Correct answer: Whether the suspect had a reasonable expectation of privacy in the abandoned item
Courts analyze whether a suspect retained a reasonable expectation of privacy in discarded items; most courts have found no such expectation for items abandoned in public, making surreptitious collection lawful.
Question 3: A DNA analyst testifies beyond the scope of the reported findings in court, overstating the significance of a partial profile match. This conduct most directly violates which ethical principle?
- Confidentiality
- Veracity and impartiality (Correct answer)
- Chain of custody documentation
- Collegial respect
Correct answer: Veracity and impartiality
Overstating findings violates the forensic analyst's duty to provide truthful, impartial testimony that accurately reflects the scientific evidence and its limitations.
Question 4: Which type of DNA database index within CODIS contains profiles from unidentified human remains?
- Offender Index
- Arrestee Index
- Missing Persons Index
- Unidentified Persons Index (Correct answer)
Correct answer: Unidentified Persons Index
CODIS's Unidentified Persons Index stores DNA profiles derived from unidentified human remains for comparison with profiles in the Missing Persons and Relatives of Missing Persons indices.
Question 5: When a forensic laboratory receives a court order to produce raw DNA data for independent re-analysis by the defense, which ethical and legal obligation applies?
- The laboratory may refuse to protect the integrity of the original evidence
- The laboratory must comply with the court order and provide the requested data (Correct answer)
- The laboratory can provide only a written summary in lieu of raw data
- Raw data disclosure is prohibited under FBI QAS guidelines
Correct answer: The laboratory must comply with the court order and provide the requested data
A valid court order legally compels a laboratory to produce requested evidence, including raw data, supporting the defendant's right to independent expert review.
Question 6: In forensic genetics, what is the primary concern with the 'Cold Hit' scenario where a CODIS database match is the sole evidence against a suspect?
- The statistical weight of a cold hit is legally meaningless
- Relying solely on a database match without corroborating evidence raises concerns about confirmation bias and the risk of wrongful prosecution (Correct answer)
- CODIS cold hits are inadmissible without a second confirmatory STR test
- Cold hits automatically establish probable cause for arrest regardless of context
Correct answer: Relying solely on a database match without corroborating evidence raises concerns about confirmation bias and the risk of wrongful prosecution
Experts caution that cold hits should prompt full investigation rather than serve as the sole basis for prosecution, as over-reliance can lead to wrongful convictions if other evidence is not gathered.
Question 7: Which of the following best describes the ethical issue of 'function creep' in forensic DNA databases?
- The gradual degradation of DNA sample quality over extended storage periods
- The expansion of database use beyond its original law enforcement purpose into areas like ancestry research or predictive policing (Correct answer)
- The unauthorized duplication of DNA profiles across multiple database systems
- The inadvertent inclusion of laboratory staff profiles in the offender index
Correct answer: The expansion of database use beyond its original law enforcement purpose into areas like ancestry research or predictive policing
Function creep refers to the gradual expansion of DNA database use beyond its originally stated and legally authorized purpose, raising concerns about privacy and civil liberties.
FDC Legal & Ethical Issues in DNA 5
Which federal statute prohibits health insurers from using genetic information to determine eligibility, set premiums, or impose pre-existing condition exclusions?