Considerations on expanding criminal offender DNA databases with Y-STR profiles.
Autor: | Ralf A; Department of Genetic Identification, Erasmus MC University Medical Center Rotterdam, Rotterdam 3015 GD, the Netherlands., Zieger M; Institute of Forensic Medicine, University of Bern, Bern 3008, Switzerland., Kayser M; Department of Genetic Identification, Erasmus MC University Medical Center Rotterdam, Rotterdam 3015 GD, the Netherlands. |
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Jazyk: | angličtina |
Zdroj: | Journal of law and the biosciences [J Law Biosci] 2024 Sep 04; Vol. 11 (2), pp. lsae017. Date of Electronic Publication: 2024 Sep 04 (Print Publication: 2024). |
DOI: | 10.1093/jlb/lsae017 |
Abstrakt: | Although national criminal offender DNA databases (NCODDs) including autosomal short tandem repeats (STRs) have been a successful tool to identify criminals for decades in many countries, yet there are many criminal cases they cannot solve. In cases with mixed male-female samples, particularly sexual assault, expanding NCODDs with Y-chromosomal STR (Y-STR) profiles allows database matching in the absence of autosomal STR profiles. Although Y-STR matches are not individual-specific, this can be largely overcome with rapidly mutating Y-STRs (RM Y-STR) allowing separation of paternally related men. Expanding NCODDs with Y-STR profiles is also beneficial for law enforcement in cases without known suspects via familial searching. Expanding NCODDs with Y-STR profiles may raise concerns about genetic privacy and fundamental human rights. A legal analysis of the European Convention on Human Rights revealed that when primarily for reidentifying convicted sex offenders, it would be in line with the case law of the European Court of Human Rights, while a generalized approach primarily for familial searching and involving all types of offenders may not. This paper aims to stimulate a debate among various stakeholders regarding the benefits and risks of expanding NCODDs with Y-STR profiles that in some countries has already been practically implemented. Competing Interests: The authors declare not to have any conflicts of interest other than that MK and AR are inventors of a filed patent applications: no. EP20158807 and US20240209457A1 (``Novel Y-chromosomal short tandem repeat markers for typing male individuals). (© The Author(s) 2024. Published by Oxford University Press on behalf of Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School.) |
Databáze: | MEDLINE |
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