DNA Databanks and Right of
Privacy in The
White House Wants
Broader DNA Database
“Bush administration proposal aims to add juvenile offenders as well as adults who have been arrested but not convicted to national file, a move critics say would endanger privacy.”
h Introductiong
mThomas Barton is a defense attorney who is hired to represent a 36 year old male who is on “death row” for killing a convenience store owner during a robbery. After interviewing his new client for countless hours, he is convinced that he is innocent. He wants to re-open the trial and analyze the DNA samples that were collected at the crime scene, but he knows that he will meet stiff opposition from civil libertarians who strongly protect the right of privacy of people whose DNA is stored in a database.
hTaskg
mYou and your friend are paralegals in Mr. Barton’s office. You are to research the latest science and law journals in order to better understand DNA profiling and right to privacy laws. Each of you will have a different investigative project: one of you is to identify the technique used to sequence DNA for identification purposes; the other is to research the legal issues concerning the right of privacy for those people whose DNA is stored in a databank.
l your investigative report identifying the techniques used to sequence DNA
and to store it, and the right of privacy regarding stored DNA, should be
written as follows:
vyou are to locate a recently published article on DNA in a scientific
journal. Then, you must research your topic in at least two additional
sources, preferably in science journals. Other legitimate sources of
written scientific documents may be used, but not encyclopedias,
magazines, newspapers or textbooks. After reading the journals and
collecting your information, you are to write a two-page abstract
which addresses the salient point of your articles and sufficiently
covers the issue of DNA testing and databank storage. Second, you
must research the legislation involved in DNA databanks and right to
privacy laws. Follow the same rubric as above. Your abstract must
include a title page and a bibliography. It must be typed and
double-spaced.
lorganize and prepare a well-written, grammatically correct, report which
you will use as notes to support a 15 minute, oral presentation in support of
your issue. The guidelines for the
written portion are seen below.
lyour presentation must be performed in as professional manner as possible.
A Powerpoint presentation or at least the inclusion of overheads should be
considered to support and complement
your presentation.
lyou should be prepared to answer questions from your classmates at the
conclusion of your presentation 
hProcessg
meach of you will have to become familiar with the scientific and legal issues surrounding DNA profiling by researching science and law journals, court proceedings, Supreme Court findings, etc. In order to do this, you should become familiar with the role of each of the following professionals who are involved in working with DNA profiles: a police officer, a civil libertarian, a lawyer, and a geneticist You may find this information by accessing the Internet .
myou are to follow the steps in the Public Policy Analyst Program. Make sure you follow each step carefully. The Public Policy Analyst Program will give you a step-by-step guide as to how to accomplish the task above:
lThe Public Policy Steps
You are now ready to:
lcomplete the Public Policy worksheets
luse some of the websites provided as a source. However, you should find
your own websites that will be helpful in the decision-making process and
will help you to complete the assignment
h Resources for Gathering Evidenceg
mBefore you can begin to investigate DNA profiling from the perspective of the different role identities, you need to have an understanding of how DNA profiling works and what it is used for. The following Internet resource sites will help you gain this knowledge:
hUnderstanding DNA profiling:
http://http://www.biotechnology.gov.au/BiotechnologyOnline/human/h_DNA.htm
hDNA and Criminal Justice:
http://www.aic/publications/proceeding/oz/indca.html
hScience on Trial:
http://ozemail.com/~dtebutt/oj/ojsci2.html
hAccess to Expert DNA Profiling:
http://www.logicworld.com/!mket/level/abbott.htm
hForensic Procedures Bill:
http://lawsocnsw.ajw/about/media/2000404_1104548.html
hLaw and DNA Testing:
http://lawsocnsw.ajw/about/media/200060_11009886.html
hConcerns Over Proposed DNA Databases:
http://abc.net/worldtoday/995485.html
hLitigation and DNA Testing:
http://newjerseylawyer.org/articles/dnanjl.htm
hExoneration by DNA:
http://crimemagazine.com/chapter2.htm
hFuture of
DNA Evidence: http://abcnews.go.com/stations/us/dailynews/dnaexpert080499_chat.html
http://library.thinkquest.org/19037/const.html
hConclusiong
As a result of your participation in this project, you have learned about the science theory regarding DNA and the maintenance of DNA databases, and the laws which govern a person’s right to privacy. The question which you should have been able to answer after your research is clearly in evidence: Does a lawyer have the right to see the DNA profile of a person, other than his client, or does it constitute an invasion of privacy. As you complete your investigation, you should be prepared to present your findings to your classmates using a Power Point presentation to state the facts. Texts and pictures should be used to support your findings.
hEvaluation For A PowerPoint
Presentationg
: Use the evaluation form below to rate the presentation by
your classmate. The rubric below describes the rating for each category.
Power Point Presentation
|
Name |
Exceptional |
Admirable |
Acceptable |
Poor |
|
1 |
An abundance of material clearly related to project; points are clearly made and all evidence supports findings; varied use of materials |
Sufficient information that relates to project; many good points made but there is an uneven balance and little variation |
There is a great deal of information that is not clearly connected to the project |
Project not clear; information included that does not support project in any way |
|
2 |
Project is clearly stated and developed; specific examples are appropriate and clearly develop findings; conclusion is clear; shows control; flows together well; well organized |
Most information presented in logical sequence; generally very well organized |
Concept and ideas are loosely connected; lacks clear transitions; presented in an uneven and choppy manner |
Presentation is choppy and disjointed; does not flow; development of project is vague; no logical order of presentation |
|
3 |
Very original presentation of material; captures audience's attention |
Some originality apparent; good variety and blending of materials/media |
Little or no variation; material presented with little originality or interpretation |
Repetitive with little or no variety; insufficient use of materials |
|
4 |
Balanced use of multimedia materials; properly used to develop project; use of media is varied and appropriate |
Use of multimedia not as varied and not as well connected to project |
Choppy use of multimedia materials; lacks smooth transition from one medium to another |
Little or no multimedia used or ineffective use of multimedia |
|
5 |
Poised, clear articulation; even and steady pace; good eye contact; enthusiastic; confident |
Clear articulation but not presented with confidence |
Some mumbling; little eye contact; uneven rate; little or no expression |
Inaudible or too loud; no eye contact; rate too slow/fast; speaker seemed uninterested and used monotone |
|
6 |
Involved the audience in the presentation; points made in creative way; held the audience's attention throughout |
Presented facts well; held the audience's attention most of the time |
Some related facts but went off topic and lost the audience; mostly presented facts with little or no imagination |
Incoherent; audience lost interest and could not determine the point of the presentation |
|
|
|
|
|
|
A Project Cover Page
h “This is the most advanced and effective crime-fighting tool ever provided to
Police.” (The New York Times,
h “DNA is not a forensic panacea for solving crime. Its loose use is more likely to
open a Pandora’s box of appeals and legal challenge and expose criminal
investigations to serious abuser.” (Time
magazine,
h “In Washington, D.C., the first jurisdiction to enact the laws in mid-1999,
Police are authorized to take mouth swabs from all prisoners, all adults or
juveniles facing imprisonment and anyone reasonable suspected of carrying
out an offense.” (The
DNA Banks and Rights of Privacy
By Byron Moss
TIPS
Project
May,
2003
h “The chances of a mismatch using the Bertillion system of DNA profiling is
remote –one in 360 million- say statistical and forensic science experts.”
(Newsweek,
h “DNA testing allows people to be linked to crime scenes with only a miniscule
possibility of error. Computer technology means that this link can be
discovered even if the police have no cause to suspect a person’s involvement
in a crime. Such ‘cold hits’ have the potential to revolutionize crime detection.”
(The
h The New York City Police Department is contemplating introducing a DNA
database. There are, however, important questions to be asked: who is going
to be on this DNA database and will one’s privacy be protected?
(The Los Angeles Times, Op-Ed page,
hMeeting The New York State Learning Standardsg
Students will become actively engaged in a plethora of standard setting activities, including:
lScientific Connections and Applications, wherein the student produces
evidence that demonstrates understanding of:
vS4a - Big ideas and unifying concepts, such as order and organization;
models, form and function; change and constancy; and cause and effect
vS4d – Impact of technology, such as constraints and trade-offs; feedback;
benefit and risks; and problems and solutions
vS4e – Impact of science, such as historical and contemporary contributions;
and interactions between science and society
lScientific Thinking, provides opportunities for students to demonstrate
skill in scientific inquiry and problem solving by using thoughtful questioning
and reasoning strategies, common sense and diverse conceptual understanding,
and appropriate ideas and methods to investigate science; that is, the student:
vS5a – Frames questions to distinguish cause and effect; and identifies
or controls variables in experimental and non-experimental research
settings.
vS5c – Uses evidence from reliable sources to develop descriptions,
explanations and models; and makes appropriate adjustments and
improvements based on additional data or logical arguments.
vS5d – Proposes, recognizes, analyzes, considers, and critiques
alternative explanations; and distinguishes between fact and opinion.
vS5e – Identifies problems; proposes and implements solutions; and
evaluates the accuracy, design, and outcomes of investigations.
vS5f – Works individually and in teams to collect and share information
and ideas.
lScientific Communication, enables the student to demonstrate effective
scientific communication by clearly describing aspects of the natural world
using accurate data, graphs, or other appropriate media to convey depth of
conceptual understanding in science; that is, the student:
vS7b – argues from evidence, such as data produced through his or her
experimentation or data produced by others.
vS7c – Critiques published materials, such as popular magazines and
academic journals.
vS7d – Explain a scientific concept or procedure to other students.
lScientific Investigation, wherein the student demonstrates scientific
competence by completing projects drawn from the following kinds of
investigation, including at least one full investigation each year and, over the
course of high school, investigations that integrate several aspects of Science
Standards 1 to 7 and represent all four of the kinds of investigation:
vS8d – Secondary research