Issues in Familial Searching in Forensic Investigations

Source: Wellcome Sanger Trust article on the NDNAD

Erica Haimes, Professor of Sociology at Newcastle University, Newcastle-upon-Tyne, United Kingdom,  discusses familial searching in forensic DNA databases. Professor Haimes was the Founding Executive Director of the Policy, Ethics and Life Sciences (PEALS) Research Centre at the University.  Familial searching of DNA databases is the process of searching to see if there is a close match to a crime scene profile when there is not an exact match.  In the United Kingdom the UK National DNA Database (NDNAD) is used in this fashion to determine whether crime scene DNA belongs to a close relative of someone profiled in the NDNAD.  The purpose of this paper is to discuss the social and ethical problems of this process with an eye to family studies.

Potential problems with forensic screening are:

• Violating the privacy of the person in the NDNAD;
• Violating the privacy of the pool of relatives who are not the subject of forensic investigation;
• Reinforcing the view that the prevalence of criminality is higher in certain families;
• Revealing to relatives the presence of a family member in the NDNAD;
• Revealing a previously unknown genetic link or a lack of genetic connection between persons.

Haimes raises the following questions on the impact of familial DNA searching on the family members.

The Person in the Forensic Database

• What obligation does this person have to provide information about his/her relatives? This person is the entry point into the family network – a genetic informant.
• How does a previously unknown genetic link or lack of a genetic connection affect this person? 
• Is there a right ‘not to know?’

The Immediate Family

• What is the impact of exoneration or genetic scrutiny on family members?
• How does a previously unknown genetic link or lack of a genetic connection affect the family?

The Wider Family Network

• What effect does being related to someone in the genetic database have on family relations?
• How does a previously unknown genetic link or lack of a genetic connection affect the group?
• What is the effect of being a part of a family under criminal investigation?

The following suggestions are made to mitigate the effect of forensic screening on all parties involved:

• A detailed study of the practices currently involved should be done;
• Current guidelines in the UK for forensic screening should have input from family specialists and genetics personnel;
• Careful consideration of the method of contacting all involved should be taken;
• Careful training of genetic, forensic  and social service personnel would be beneficial;  the end of inquiry for the forensic investigation may be just the start of inquiry within the family involved;
• Error rates in the database should be considered;
• Ethics awareness training may be beneficial to for all personnel.

Haimes, Erica. Social and Ethical Issues in the Use of Familial Searching in Forensic Investigations: Insights from Family and Kinship Studies. Journal of Law, Medicine and Ethics. 2006 Summer; 34(2): 263-276.  doi: 10.1111/j.1748-720X.2006.00032.x