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Criminology.
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BRIT. J. CRIMINOL.
46, 175-192
(2006)
Advance
Access publication
25 October
2005
doi:10.1093/bjc/azi094
THE
DNA EXPANSION
PROGRAMME
INVESTIGATION
Carole
AND
CRIMINAL
McCartney*
DNA
any
even
doubt,
from
the grave',
'beyond
overstate
may
the degree
to which
DNA
currently
assists in criminal investigations. Strong government support, and financial investment in the
DNA Expansion Programme, have been bolstered by repeated legislative extensions ofpolice powers
to obtain and retain DNA samples. Despite this, DNA evidence remains marginal in terms of
assisting with overall criminal detections and experts now suggest that the massive National DNA
Database expansion has not resulted in the improvement in detection rates originally anticipated.
This paper also suggests potential concerns over the 'tactical' use of DNA evidence during suspect
interviews, and the risk of abbreviated police investigations. Insufficiently forensically aware'
police officersmay resort to DNA evidence in lieu of proper detective work, with literature on 'case
'
construction informing analysis of potential pitfalls of early reliance on DNA results, which may
'
increase the risk 'tunnel vision in criminal investigations.
Portrayals of the infallibility of DNA and its unrivalled ability to 'solve' crime have led
effort and financial investment in significantly increasing the forensic
to determined
use
of
DNA.
Indeed,
one
of
the
National
DNA
Database
(NDNAD)
'strategic
objec
tives' is stated as being to demonstrate value for money from the database, especially in
crime detection and, through this, crime reduction (NDNAD
2003/04: 3). The 'Forensic
the
Home
Office
also
aims
to
'achieve
a step change in the
from
Integration Strategy'
impact
of
nology,
including
science
forensic
on
police
in
performance
order
to
make
major
contribu
tions to crime reduction and closing the justice gap' (Home Office 2004a: 18). This was
which stated that the police
reinforced in the Home Office Strategic Plan 2004-08,
detection rate will be raised 'by improving police effectiveness and deploying new tech
enhanced
DNA
testing
...
across
data,1
this
paper
asks
whether
the
the
detection
massive
country
to target
criminals
rates, supported
government
more
by qualitative
investment
in
the
Expansion
Program has paid dividends, i.e. whether there have been significant
in
criminal detection rates attributable to the DNA Expansion Programme.
improvements
first
the legislative changes to the DNA sampling regime in England and
Considering
DNA
Wales, the uses of forensic DNA evidence and the NDNAD, and the impact upon police
rates, it goes on to highlight potential side effects on police investigations
'clear-up'
175
The Author 2005. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD).
All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org
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McCartney
same
evidence
that
can
remove
a suspect
from
an
phenomenon
can
inquiry
also
lead
as a cause
recognized
to
'tunnel
of wrongful
Programme
The
DNA Expansion
launched
in April 2000, aimed to increase
the
Programme,
of
the
NDNAD
until
all
of
the
'known
active
(estimated
growth
offending population'
at the time at 3 million individuals) were on the database. This funding was in addition
to 19 million per annum from individual police forces. Total government investment
in the programme
to March 2005 stood at 240.8 million.2 The funding enabled police
forces to increase the sampling of suspects; the recruitment of 650 additional
Crime
Scene Examiners and other staff; equipment
purchases; and the collection and analysis
of more DNA material at crime scenes (Home
Office Science Policy Unit 2004: 12).
The DNA Expansion
also
for
an upgrade of 22,000 subject sam
Programme
provided
ples, taken since 2001 and reported as matching crime scene samples. Of these, 6,000
have been upgraded
from SGM to SGM Plus profiles and have been compared
again
is
claimed
that
the
targets
for
the
the original
have
programme
been
match.3
with
achieved,
the
NDNAD
holding just under 2.9 million samples from individuals and 237,500 profiles
from crime scenes as of March 2005.4 The United Kingdom
now has the largest
domestic forensic DNA database per capita in the world (Townsley and Laycock 2004: 3),
with
the
database
to grow
projected
yet
further,
it suggested
it could
eventually
encom
monthly
The
government
suspects
mean
load
rate.5
in particular
that
sample
DNA
for
'targets'
offence
taking
is
the
NDNAD
and
police
targets
to
routine
element
of
police
take
samples
in volume
detention
from
crimes)
procedures.
Forensic
3
National
4
Forensic
5
Forensic
Science Service, 'NDNAD Fact Sheet', July 2004, available online at: www.forensic.gov.uk.
DNA Database, Annual Report 2003-04, at 16, available online at: www.fss.gov.uk.
Science Service, 'NDNAD Fact Sheet', March 2005, available online at: www.forensics.gov.uk.
Science Service, Press Release 2004, available online at: www.forensic.gov.uk.
176
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from
whom
a sample
may
be
PROGRAMME
taken,
AND CRIMINAL
the
downgraded
INVESTIGATION
authority
to sanction
required
as well as permitting
perform sampling, increased access to the NDNAD,
data profile and sample to be retained indefinitely (see McCartney 2004).
and
the resultant
Legal provision for the collection and retention offorensic DNA samples
Criminal Justice Act 200S, s. 10 (amending
The
non-intimate
without
samples
consent
upon
DNA
from
samples
almost
s. 63 of PACE),
arrest
for
a recordable
all
arrestees
and
offence,
providing
This enables
pre-empts
to
police
advances
technological
which are expected to see mobile DNA testing kits in the coming years (by omitting the
words 'in police detention').
It means that a sample (usually a cheek swab) can be
taken upon 'reasonable
suspicion' for an offence, regardless of whether it will indicate
or
have
any possibility of use during the investigation. The law, then, is explicit:
guilt
whose
samples
... it seems
to PACE
generally
are
so manifest
(including
the better
by its proposed
both
criminals,
chance
these,
up
the
too
usual
with no adverse
not
does
impacts upon
the
affect
The
from
future
would
more
past
Instead,
those
and
The
amongst
about
appellants
inevitably
whose
whose
be better
served
crimes
usual
the appeal
which
by the database's
the chance
profiles
suspects
already
are
on
amend
of human
the
there
innocent
rights
dreadfully
expansion
of detecting
those
unless
impugned
of crime
the better
the database,
larger
the
scourge
the database,
those
those
by the now
that the cause
the
against
complete
crime
brought
to it so threadbare
of society
protection
suspects.
...
database
the objections
guilty of crimes
of deterring
of course,
of the larger
and
of its victims)
contraction.
those
retention
as possible',7
'The
retained;
The
better
database.
And
will be to round
will
at once
be
exonerated.
Court of Human
The issue may not rest with this resounding dismissal. The European
of
an
intimate
has
held
that
the
non-consensual
taking
sample could
Rights
previously
Art. 8, with even minimal physical interference
tification (Xv. Netherlands) .8 However, a Council of Europe
contravene
6 R v.
ChiefConstable of South YorkshirePolice (Respondent) ex parte LS (by his motherand litigationfriendfB) (FC) (Appellant) R v. Chief
ConstableofSouth YorkshirePolice (Respondent) ex parte Marper (FC)(Appellant) (2004) House of Lords (United Kingdom) 39.
7 R v.
Chief Constable of South YorkshirePolice (Respondent) ex parte Marper (FC) (Appellant) [2002] Court of Appeal, Civil Division
(England & Wales) 1275, perWaller L.J., para. 66.
8
Commission Decision of 4 December 1978, App. 8239/78.
177
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McCartney
forbid
out
coercion
if the
in forensic
but
sampling,
of
circumstances
the
case
states
that
warrants
'such
should
sampling
action
such
be
only
Protection
carried
tor
against
contrary
being
Art.
3.10
the
However,
effects
of
the
force
used
must
be
sufficiently
such as
In X v.
serious,
Netherlands12and
v.
Peters
'3
Netherlands,
the
Commission
European
of
Human
Rights
held that compulsory sampling was contrary to Art. 8(1). However, interference for the
'prevention of crime or disorder' was justified in the case of a prisoner. So in order to
comply with human rights obligations, the sampling laws must be justifiable by refer
ence to Art. 8(2), being necessary in the interests of national security, public safety and
the prevention
of crime or disorder, or protection
of freedoms
of others. Such
demands necessitate assessment of the actual use of DNA sampling powers in criminal
to establish whether forensic DNA sampling is indeed fulfilling these
investigations,
aims (see further Roberts and Taylor 2005).
DNA Evidence in Criminal Investigations
It is claimed
NDNAD
DNA
'has
that science
'revolutionising'
not
enhanced
merely
existing
police
has
but
capacity,
even
begun
to replace
the slow, tedious and expensive traditional investigative methods of police interviews'
(Watson 1999: 325). What is clear is that DNA samples are now taken on a scale quite
different from that revealed by a 1997 Home Office study (Bucke and Brown 1997)
when
non-intimate
detention.
With
the Criminal
has
been
it
increase
in
from
for
average
a
of just
month,
samples
over
with
per
DNA
came
of
number
just
taking
(the provision
the
40,000
averages
taken
sufficient
an
Programme,
now
now
a steep
Expansion
year;
were
samples
arrest
cent
samples
individuals
since
the
in
taken
crime
from
arrestees.
offenders
scene
were
samples
police
enactment
200,000
4,000
of
of
there
Before
sampled
the
per
recovered
DNA
samples
taken
as
a matter
of course.15
searching.
9
178
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PROGRAMME
AND CRIMINAL
INVESTIGATION
Intelligence
areas
began
serious
where
crimes
had
occurred.16
In
the
first
case
to
utilize
mass
DNA
screen, indeed the first use of DNA in a criminal investigation in the United Kingdom,
analysis of a DNA sample from a man confessing to the second of two rapes occurring
in rural Leicestershire
proved him not to be the rapist, and that the rapes had been
perpetrated by the same offender. Police proceeded in January 1987 to take DNA samples
from all the males aged 16-34 of three local villages. The 5,500 samples taken failed to
match
to
the
crime
stains.
months
However,
later,
notified
were
police
that
one
man
further investigative work targeted a local man who had since moved to South Africa,
who was then sampled and after a match, was convicted and sentenced in 1998.
The use of mass screens has attracted criticism. The Australian police have utilized the
technique in several high-profile cases which triggered debate over the authenticity of con
sent and the effectiveness of rights to refuse (Findlay and Grix 2003). In Davis v. Mississippi,18
the US Supreme Court ruled 'dragnets' were unconstitutional, as there would not be indi
'
vidualized suspicion, echoing the earlier dictum in Schmerberv. California,19 that [t]he inter
ests in human dignity and privacy which the Fourth Amendment
protects, forbids any
such
intrusions
2000:
1232).
for
approaches
which
screens,
screenings
ate
on
the
Police
mere
intimidation,
have
samples
have
that
chance
also
been
all
desired
public
been
evidence
cited
as
to
obtained'
the
of
of money'.20
suspicion
upon
those
who
refuse
The
to submit
Pressure
cooperation.
use
repeated
strategy
(Peterson
and
cooperate,
consequences
as a 'waste
castigated
be
might
reluctance
of mass
of
mass
to such
and immedi
screens
requires
is a tendency
definitive
mining
procedural
for DNA
testing
publicly
conclusive
and
a key element
issues
of the
right
to replace
DNA
trial, since
test. The
to a fair trial,
even
of a particular
a charge
presumption
though
DNA
becomes
a myriad
test.
determined
of innocence
(Saul
of scientific,
2001:
by the appar
is reversed,
under
statistical,
and
78)
16
e.g. in May 1948, in the 'Blackburn baby'csLse,fingerprints were taken from the entire male population of Blackburn, where a
three-year-old girl had been sexually assaulted and murdered.
17
Forensic Science Service 'Factsheet', March 2005, available online at: www.forensic.gov.uk.
18
Davis v. Mississippi, 394 Unites States: Supreme Court Reports 721 (1969), at 727.
19Schmerberv.
California, 384 Unites States: Supreme Court Reports (1966), at 769-770.
20
'Rights Fears over DNA Plan', Friday 30 July 1999, available online at: bbc.co.uk/news.
179
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McCartney
in
these
the retention
the
circumstances.21
of forensic
expansion
such
Despite
of the samples
voluntarily
the
concerns,
use
of mass
and
screens
in
submitted
databases.
we have
being
about
people
was
databases
of crime
such
Further
their
allowed
...
researchers
us to do
[of identifying
use
direct
in
of the main
(Senior
and
the
criminal
careers.
Such
mitted
a wide
offender
over
area
geographic
If you
are
devising
ing
crimes.
gives
you
reduce
other
at intelligence-led
looking
and
strategies
Forensic
to deal
it. This
is the future
information.
(Senior
on
use
of forensic
is about
beyond
give
an
which
criminality,
police
which
going
databases
intelligence
is a perspective
policing,
but
you
databases,
scientific
simply
insight
provides
giving
who
Such
into
intelligence
an insight
your
the
coming
into
criminal
detections
problem
which
has
crimes com
developments
measuring
are
available
research
30-40
is not
understanding
just
why
types
databases
is already
same
the
That's
in some
identity
then
and
What
officer)
the NDNAD
....
search
to
of forensic
offence,
particularly
forensic
investigations,
patterns'
means,
police
tools. Indeed,
evidence
role
a cold
from
and
traditional
or denied
as it's one
offenders].
the courts
the
evidence
a suspect
criminal
'crime
interview
of generating
is to identify
intelligence'
on
working
about
So
suspects.
comment
as a means
to the police
vital 'criminal
increasingly
identifying
a no
gave
as something
seen
being
and
science
important
as burglary
to
and
forensic
has
is more
forensics
[DNA]
intelligence,
arrested
of using
thought
intelligence
to
someone
services,
now
seen
information,
....
gives
criminality
problem,
and
What
you
to the
dovetail
count
forensics
a strategy
combined
to
with
manager)
a research
perspective.
That
may
reveal
some
very
valuable
insights
1 Ford
and Tendler, 'Innocent Men Forced to Give DNA Samples', The Times,9 July 2004.
2 See the National
Policing Plan 2004-08, available online at: www.policereform.gov.uk/natpoliceplan.
180
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All use subject to JSTOR Terms and Conditions
into
patterns
PROGRAMME
AND CRIMINAL
INVESTIGATION
do something
about
to developments
in the analysis of DNA, such as the production
of DNA
from
or
there
has
been
research
into
mixed,
profiles
single-cell
degraded
samples,23
DNA profiling automation
and miniaturization.
Automated
have
now
been
processes
introduced
and are proving successful. However, prototype 'lab-on-a-chip'
systems are
proving problematic (Home Office 2004a: 8).24 Additionally, ongoing research is seeking
to produce
'DNA identikits'a
of a suspect's physical appearance
from
description
their DNAso
that police can focus their investigations using the scientist's descrip
tion in lieu of eyewitnesses. At present, the Forensic Science Service (FSS) offer an 'eth
nic inference' service, giving the results of: white-skinned European;
Afro-Caribbean;
Indian Subcontinent;
South East Asian; and Middle Eastern. In addition, there is a 'red
searching is used when a full profile has been obtained from the scene of a
The profile can then be
serious crime, but there are no matches on the NDNAD.
or
searched looking for 'close' matches, e.g. where the suspect could be a parent/child
The technique was first used in
a sibling of someone whose profile is on the NDNAD.
to identify a rapist and murderer, with a list of 100 'close' matches leading the
police to a previously named suspect who had since died. After taking samples from
surviving relatives, Joe Kappen was exhumed and his DNA matched samples obtained
from the bodies of his three victims.26 Familial searching has now been successfully
in April
used in a criminal prosecution, with Craig Harman convicted of manslaughter
2004 after a close relative's DNA was found on the NDNAD.27 There may be broader
ethical and civil liberties implications of familial searching that have yet to be explored,
e.g. '... it brings with it the indirect lifelong surveillance of citizens simply because they
are related to someone whose DNA profile is on the record' (Bieber 2004).
2002
example, there are now techniques to separate male from female DNA; to analyse mitochondrial DNA; analysis of 'mixed'
samples; to get profiles from very degraded or single-cell samples and to get samples from sperm within vaginal samples. Some of
these techniques remain controversial, with courts in the United States recently refusing to admit Low-Copy Number DNA analysis
into court.
24
Although mobile fingerprint systems are now being trialled in Project Lantern, DNA mobile or handheld analysis may yet take
longer, with effortsongoing as part of the police science and technology strategy.
25Forensic Science
Service, 'Fact Sheet: Commonplace Characteristics', available online at: www.forensic.gov.uk.
26 Forensic Science
Service, 'Fact Sheet: Familial Searching', available online at: www.forensic.gov.uk.
27 See
online
at: http://www.forensic.gov.uk/forensic_t/inside/news/
the Casefile on
available
Craig Harman,
list_casefiles.php?case=24.
181
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McCartney
DNA in criminal
to
scene
matches
and
scene
38,417
to
scene
matches
reported.28
The
suspect
Home
Office
Science Policy Unit (2004: 1) report that in a typical month, suspects are identified for
'15 murders, 31 rapes and 770 car crimes'. In 2003/04, 41,618 crime scenes were asso
ciated with one or more suspects, and 4,500 crime scenes were linked. The probability
of the FSS nominating a suspect when a crime scene sample is loaded is now 45 per cent,
with an additional
9 per cent probability that suspects will be identified for further
crimes when new subject samples are loaded onto the NDNAD.29 The clear-up rates for
crimes where DNA evidence
is available
are significantly higher than those crime
scenes with no DNA evidence recovered, with the overall detection rate of 23.5 per cent
rising to 38 per cent (although the government claim a rise to 43 per cent)30 where DNA
is successfully recovered, with different crime types improving further; in domestic bur
glary, the detection rate rises from 14 to 48 per cent (Home Office 2004a: 12).
Of course, not all 'matches' result in a conviction, or even an arrest. Indeed, in 2002-03,
the Home Office reported just 21,000 'DNA detections'
DNA match was available) from 50,000 'offender-to-scene'
(FSS
2004:
12).
The
of matches
proportion
resulting
in
crimes in which a
(detected
matches reported by the FSS
a successful
detection
has
not
preventing
further
7.8
crimes
committed
being
(though
it is
not
clear
how
crime
scenes
result
in
successful
DNA
sample
being
loaded
onto
the
police forces, in how many samples are sent for analysis, and how many crime
scenes result in DNA samples (ACPO 2003: 18). In addition, the Home Office continues
to report 'matches' not being followed up by investigators, or individuals are not pur
sued for further crimes and are simply dealt with for the crime for which they were
arrested and not all crimes which they may have committed, lowering potential detection
rates (Home
Office 20046:
Standards
Unit is addressing
28Forensic Science
Service, Press Release, 2004, available online at: www.forensic.gov.uk.
29National DNA Database Annual
Report 2003-04, p. 21, available online at: www.fss.gov.uk.
30
Caroline Flint, Ministerial written answers, 3 November 2004, Hansard, Col. 289W.
182
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All use subject to JSTOR Terms and Conditions
the significant
PROGRAMME
AND CRIMINAL
INVESTIGATION
Objective
of the
'success'
that perhaps
or
otherwise
of the
rates is therefore
the ability of DNA
DNA
Expansion
Programme
near impossible.
Even some police
to solve the crime problem has been
overstated:
DNA
and
database
always
tion
fingerprints
....
helpfula
then
and
upon
it isn't.
if you can
to shortcut
the public's
to everything
only useful
It's impacted
And
get DNA
there
and
the investigation,
thinking
though,
a lot of crime
it actually
means
People
scenes
something.
tend
where
a DNA
to think
you
(Senior
that DNA
will never
police
match
on the
too much
they expect
take us anywhere.
are
particularly
isn't
is the solu
find DNA.
scientific
It's
manager)
and
uti
this
the
course of criminal investigations, and not the far wider implications of NDNAD security,
forensic standards and a host of other potential governance,
integrity and regulation
the
use
of
forensic
DNA
evidence
concerns accompanying
(see Kellie 2001; McCartney
Roberts
and
for
some
2005
2004;
issues).
Taylor
DNA evidence and detection
Police
investigations
which, once
the
have
been
a clear suspect
one-sided
collection
characterized
has been
(and
sometimes
as
identified,
'case
constructions':
the objective
"manufacture")
of
'...a
process
...
in
to
support
the
of the fact that the great majority of criminal investigations involve little
or no physical trace evidence
(Steer 1980: 71). Forensic scientists' abilities to assist in
criminal investigations are clearly circumscribed
by the skills used in the collection of
least because
evidence
from
the
crime
scene:
183
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All use subject to JSTOR Terms and Conditions
McCartney
Forensic
scientists
do
If bias
has
laboratory.
should
be examined
(Lucas
1989:
not
make
been
evidence
physical
in selecting
employed
or both,
or reported,
'objective'
in the field
evidence
of scientific
no amount
it to analysis
by subjecting
simply
or in deciding
can
testing
which
correct
in the
evidence
721)
DNA Expansion
and the Forensic Integration Strategy both seek to
Programme
there being a powerful motiva
alter investigative practices to utilize new technologies,
The
tion
in
that
the
down
closing
to science
and technology:
...
a range
through
dealt
with; even
crime
and
is not
once
identifying
as it was,
... as other
things
avenues
criminal
of investigation
justice
has developed,
have
suspects
the offenders.
as effective
did
in the
to identify
nology
of changes
of other
fallen
You
are
even
societal
have
fallen
...
away
factors
there
such
as the public
these
not
is what
evidence
days,
resort
necessitates
that
way
suspects
are
ways of investigating
traditional
is a greater
to get admissions
forensic
away,
of the more
Therefore
not going
the
disclosure;
system;
some
now
on
reliance
the use
this tech
of informants
to the police
relating
is left. (Senior
as they
officer)
police
to be
allocated
Royce
piece
to just
if an identification
whichever
of evidence
and
bobby
you're
had
went
giving
been
made
either
using
to the original
it to the junior
crime.
mechanic.
So,
fingerprints
in effect,
(Senior
police
or DNA,
you've
it tended
got
scientific
this Rolls
manager)
There may also be difficulties arising where police have a poor understanding
of what
DNA can prove: 'The police can be blinded by their own science and believe it will save
them
from
investigating
case
properly.
Even
some
senior
police
don't
understand
what DNA can actually prove, that just having a DNA match won't prove a case' (Politi
cal campaigner).
Such problems belie a poor understanding
of DNA, that a 'match' is
without
and
contextualization:
meaningless
proper interpretation
The
of the DNA
interpretation
for a DNA
profile
appearing
powerful,
it can't
discriminate
the DNA
result.
(Policy
is more
important
somewherewe
between
minor
than
have
contact
the result
to look
and
itself. There
at all
major
can
the possibilities
contact.
You
have
Because
to be able
it is so
to interpret
reformer)
Yet, it has been stated that it is 'quite natural' for a senior police officer to have limited
or little knowledge
of forensics, as many senior officers are rarely involved in serious
criminal investigations,
or may not have engaged
in frontline duties for some years
2004: 9). But, the impact of such ignorance is significant, with appreciation
(Coleman
of the effectiveness of spending on forensics not properly understood
or communi
cated to less senior officers (Coleman
when
2004: 9). Potential problems encountered
insufficiently trained officers attempt to rely upon forensic evidence include the con
tinuation
of a thorough
investigation
after a 'hit':
184
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All use subject to JSTOR Terms and Conditions
There
tends
followed
DNA
to be a reliance
up. You
need
is sometimes
for which
ated
on forensic
to guard
levels
a forensic
hit and
service
they need
to not
be
to grasp
....
Rather
to have
officers
it, other
a DNA
than
need
you
need
avenues
aren't
case
closed.
match,
look
to look
knowledge
right...
nets,
to make
safety
can
rest on their
Anecdotally,
scientific
police
have
you
we have
Police
got.
complacent.
of once
explanation,
fairly lowyou
they've
INVESTIGATION
mentality:
so you need
are
on the information
to get an admission
hope
in terms
for police
of the offence,
AND CRIMINAL
bullet'
up with a plausible
in the police
act properly
people
difficult
may come
knowledge
evidence
a 'silver
against
conceptually
someone
PROGRAMME
laurels
end,
associ
forensic
sure
that
if they get
it to the offender
and
manager)
Abbreviated
police
The
can
police
rather
than
ably to just
just
then
that DNA
could
be used
You
could
be
can
into
slip
What
other
evidence.
this
it does
lazy
skew
save
time and
weak
cases.
.... There
bother
when
because
cases,
carrying
they were
there.
are
on an investigation,
There
convinced
be distorted,
(Political
investigate
is a temptation
juries
can
Investigations
right let's
they think,
the investigation
up weak
this,
prob
they
is a danger
by it, so DNA
it shouldn't
be a case
campaigner)
approach
is gives you
though
There's
because
happened
officers themselves
work'.
and
to supplement
to hold
but what
It can
match
match
used
as a crutch
was there,
Police
with a DNA
on the DNA,
run to court
could
of who
be over-reliant
investigating
for
a lot
'we've
of good
old
DNA
got
we
needn't
line
of inquiry,
which
fashioned
detective
work
a concrete
bother
doing
still needs
also
the
rest
corroborating
needed.
(Senior
of the
with
police
officer)
Erroneous
conclusions
police
at
early
of
stages
an
can
investigation
lead
to
wrongful
in
forensic
however,
investigations;
science
may
serve
to
hide
from
critical
gaze
credibility,
practices, where forensic evidence has been afforded 'apparent
leaving the process of detection, evidence
gathering and investigation hidden. The
canopy of science obscures the primitive analytic tools that persist. These technological
advances, even those enhancing information processing, have little altered police effec
tiveness' (Manning 2001: 84).
detection
remember
that no forensic
for hours
through
that good
databank,
evidence
detective
is any good
apparendy
is still a requirement
unless
meaningless
for a successful
it is recovered
debris?
(Baird
from
1992:
be accomplished
identification?
the crime
scene,
Will
by a telephone
they remember
sometimes
by sifting
75)
A 'lazy approach'
is a particular concern, as the statement from the FSS regarding
is a one-page report with only initial results and basic informa
DNA
evidence
potential
has
that
there
been a preliminary match, produced quickly so as to be used
tion, stating
185
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McCartney
at interview. Only if a suspect does not indicate a wish to plead guilty will the FSS go on
to do full testing procedures
and produce a full statement for trial (Bramley 2004: 20).
In addition, there are important considerations
DNA 'matches',
when accepting
for
match
statistics are
matches
denote
effect,
presence
of
scenes
that
at
particularly
much'
in some
'misleading
the
crucial
someone
at
be
may
scene
public
at
'a
areas,
2001:
(Saul
respects'
a crime
some
match
93).
not
may
Simple
in
point
time.
mean
In
very
(Saul
evidence
The
and
deterrence
DNA
deter
'from
Human
future
Genetics
there
effect,
was
also
to avoid
leaving
offenders
are
... when
this technology.
more
often
They
burnt
are
in
levels
their
influence
may
know
of forensic
MO
make
criminal
sure
the
a
Commission
database'.
The
deterrent
potential
2002:
been
arrested
(Senior
on
clearly
know
....
Stolen
or fingerprints
any clues.
When
149).
behaviour:
the offenders
DNA
leave
of
behaviour'countermeasures'
leaving
they don't
aware
criminal
awareness,
to avoid
on
already
while
Genetics
high
change
that
(Human
this
are
profiles
stated
of changes
aware',
is arrested
There
whose
has
evidence
'forensically
'hit'.
those
evidence
DNA
the suspect
[forensic]
crime
Commission
police
the basis
of a
the power
cars
scientific
are
of
now
manager)
Research into criminal careers also highlights a potential flaw in the belief that the
the more 'useful' a deterrent or an investigative tool it will become.
larger the NDNAD,
In reality, because of the 'churn' of the offending population
(whereby many offenders
on the NDNAD
will already have ceased offending while many who have just com
menced their 'criminal career' will not appear on the NDNAD for some time), the 'useful
life' of a profile on the NDNAD
is only as long as the offender's criminal career, which
are typically short, thus highlighting 'the need to remain realistic over the shortness of
time for which most of those contributing criminal justice samples will remain relevant
for crime detection purposes'
(Leary and Pease 2002: 3).
Leary and Pease end their article by stressing that 'a match is not a conviction',
an analogy presented to them by an expert, who described DNA as:
...
'a fresh
may be
and
Pease
filling
placed
good,
police
conviction
(the
2002:
between
operations
second
stale
two slices
and
slice)
training
of stale
(the
bread'.
first stale
By this was
slice)
of the whole
and
meant
that while
the vicissitudes
sandwich
experience.
8)
186
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All use subject to JSTOR Terms and Conditions
using
the science
of prosecution
(Leary
and
directly contradicts
Such research
efits
of
from
the
enlarging
the
huge
PROGRAMME
sums
database
INVESTIGATION
on
expended
AND CRIMINAL
'manifest'.
the
DNA
to
Rather,
Expansion
reap
the
there
Programme,
benefit
greatest
needs
to be
the ethical
This should include further consideration
of issues concerning
required).
use of DNA evidence; the protections afforded suspects; the rights of suspects not to
assist the police in their investigations; and the role of legal advice when facing DNA
evidence
evidence
(anecdotal
suggests that most lawyers will advise clients to plead
when
informed
that
there
is a DNA match, without further investigation into the
guilty
strength or reliability of that evidence).
forensic evidence should warn of relying upon
(see Walker 1999).
actual
an
Further,
there
are
no
ever,
this
has
for
argument
valid
been
non-consensual
for
reasons
an
contested;
sampling
not
suspect
innocent
there
indeed,
may
be
most
to
often
provide
several
reasons
relied
upon
is
that
a DNA
sample.
How
for
innocent
non
(Gans 2001: 173) (as is accepted when serving police officers refuse to submit
compliance
There is potential for the police to
DNA Database).
a sample to the Police Elimination
use
sample
requests
as
an
investigatory
a choice
made
between
tool,
with
the
strength
of such
'obvious
to
sus
two
adverse
consequences:
giving
the
or
sample
revealing
fear of giving the sample, forcing the individual into a coerced position which, in itself,
in the absence of pre-existing suspicion
can generate self-incrimination
(Gans 2001:
to
the
are
under
178). Indeed, suspects
comply, making
sampling compelled
pressure
limits of investigative compulsion
and risking losing traditional
self-incrimination,
(Gans 2001; see also Easton 1991).
Pre-interview disclosure of scientific evidence has been singled out as raising prob
that could
'... the biggest improvement
lems for investigators, as a scientist explained:
to do with
to
do
with
scienceit's
be made with scientific evidence is actually nothing
that
scientific
(Forensic scientist). The police need to ensure
pre-interview disclosure'
disclosed
to suspects, thereby permitting
is not unnecessarily
for the evidence:
an
innocent
to
explanation
provide
opportunity
evidence
You
what
can
have
it is and
this marvellous
where
it is, and
piece
of evidence,
so they can
arrive
... and
before
at an 'explanation'
the suspect
187
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All use subject to JSTOR Terms and Conditions
the
suspects
and
knows
so losing
the
McCartney
use
of the evidence
are
answering
have
can
been
....
to, but
telling
be wasted
legal
advisor
have
to think.
to concoct
enough
advisors
legal
that you
have
(Senior
claim
information
to know
the scientific
evidence.
Bobbies
of scientific
evidence
sufficient
away
is wasted.
About
30%
access
legitimate
but don't
evidence,
scientific
police
can
[suspects]
scientific
work
so your
everything
need
a story to explain
tell them
But
....
if you
they
tell the
simply
it is or where
what
what
it is, then
they
manager)
to positively advocate
More worryingly, perhaps, some police had seemed
keeping
forensic evidence details from the suspect, at least until forced to disclose it pre-trial:
a risk of giving
There's
too
much
pect
the interview
lems
with police
their
away
clients
harried
being
to explain
although
not always.
view then
you
don't.
the interview
during
of their involvement
by solicitors
and
At some
It will always
stage
be disclosed
giving
the
into
coming
anything
giving
away
We
away.
evidence
and
is the sus
it. The
have
then
interview
you
would
probably
don't
need
to disclose
skill in
had
them
during
before
of DNA
the DNA
you want
what
Tactically
stage.
the issue
without
to give an account
it away.
(Senior
without
prob
advising
disclose
it,
it at inter
officer)
police
ACPO
DNA
evidence,
innocent
suspects
have
to fear
know
not
be
given
their position
why
are
they
non-disclosure,
'uncontaminated'
'should
meanwhile,
pects,
establish
must
reason
no
a full account
providing
should
a suspect
though
and,
interview
the
CPS
and
then
representative
deliberately
Police
must
mislead.
use
legal
when
The
decide
how
much
information
documents
to
disclose
to
to disclose
to
the
Guilty sus
defence
or
information
at
disclose
defence.
ACPO
the introduction
advisers
interview
they have
court
of DNA
would
Conclusion:
not.
rule
This
by implying
would
evidence
in an ethical
evidence
be
gained
manner.
has
to the suspect
deception
Officers
and
highly
inadmissible.
ProgrammeRealities
should
at a scene
likely
(ACPO
pre
if a legal
However,
left DNA
an
stage,
or suspects
from
benefit
ered
unlawful.
to
what
deciding
to mislead
items
are
they
may
fabricate
to
opportunity
while
interviewed,
indeed,
of the evidence.
by knowledge
the
being
to lie or
not attempt
or on
to be
2003:
recov
deemed
42)
and Risks
as certain and
profiling, like fingerprinting, has been portrayed and accepted
the degree of trust invested in it, com
error-free, which has 'profoundly influenced
evidence'
(Lynch 2003: 93). Yet, the very real
pared with other forms of criminological
or the
of
mistake
(see Bramley 2004), mis-targeting and misinterpretation,
possibility
DNA
188
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All use subject to JSTOR Terms and Conditions
PROGRAMME
AND CRIMINAL
INVESTIGATION
potential for negative impacts upon police investigative practice, demand that further
critical attention be paid to DNA and other forensic technologies
(see also Saks and
Koehler 2005). Forensic DNA technology has multiple uses in the fight against crime,
and
research
ongoing
looks
to
its
expand
usefulness
further
in
the
future.
While
the
and
future
uses.
As Ericson
criminal
process
... special
powers
tainty.
gives
doing
It also
of construing
the police
them
a general
warrant
you
reduce
characteristics
universal,
we are
no legitimate
to statements
complexity
of being
the utilization
doing
in the
of authoritative
uniform,
general,
things
of science
and
the scientific
cer
neutral.
It
way, we are
for criticism'.
grounds
for
reasons
convictions,
...
standards
command
of integrity:
scepticism
about
paramount.
Forensic
public
confidence,
standards
that
the
evidence
if it is gathered,
need
to be
of
power
forensic
science
to
eliminate
intelligence
analysed
internationally
and
will only
disseminated
accepted
and
continue
to be of use,
universally
wrongful
adopted.
and
standards
(Coleman
2004: 10)
The
con
methods, and continue to command
public cooperation.
Additionally, economic
siderations
must impact upon when scientific expertise is utilized with pragmatism
playing a role, fiscal priorities being formed within institutional norms. Indeed, 'unless
the forensic science budget is treated for practical purposes as unlimited, there is a
189
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All use subject to JSTOR Terms and Conditions
McCartney
clear
for
potential
periodic
crises
budgetary
with
knock-on
effects
on
of foren
patterns
sic science usage' (Tilley and Ford 1996: 20). The limitations of the NDNAD
pointed to
by Leary and Pease (2002) illustrate that the belief that the bigger the database, the
more crimes will be solved, could be flawed, and there is no 'optimum'
size for the
to grow at a significant rate, with all the
indeed, it will have to continue
database;
attendant costs involved. There is then required a public consensus
that the expendi
ture on DNA continues to be demand priority and that the significant sums spent on
DNA technology, testing and retention of samples could not be more effectively spent
elsewhere within policing or other public body budgets.
Yet, perhaps more important than efficiency and effectiveness concerns, convictions
of
innocent
men
demonstrate
and
need
and
integrity. The
astute
women
that forensic
which
evidence
and
management
and
supervision
constant
to
continue
be
must be handled
overturned
to
regulation
of justice
abuse
prevent
appeal
courts
of forensic
organization
the
by
and utilized
and
mistake.
The
on a screen and 'buccal' swabsa simple cotton bud in the cheek), obvious objections
based upon the use of physical force or torture and excessive physical interference with
and principled objection to the procedures
people's
body integrity have disappeared,
have
failed
to
prevent
the
extension
of police
powers.
'it could
Indeed,
be
that
argued
before
any
negative
consequences
are
entrenched
and
irredeemable.
Such
moves
must take place within a political and public culture that has a realistic appreciation
what science can and cannot be called upon to do' (Durant 2003: 74).
'of
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