Behavioral Genetics Research and Criminal DNA Databases: Laws and Policies

This chapter surveys state and federal database legislation. It shows that previous studies have overlooked or understated the restrictions on medical or behavioral genetics research with convicted offender samples. It identifies and assesses some of the bioethical and social arguments against allowing such research. These include concerns about the possible misuse of or misunderstandings about the fruits of the research and the lack of consent on the part of the "donors" of DNA samples. This issue also raises the related policy issue of whether the DNA samples should be retained at all-as well as the research value of DNA databases and repositories. It argues that an absolute prohibition on behavioral genetics research is not necessary. Instead, it proposes that if the samples are to be retained (as they currently are), then an independent body with appropriate expertise should evaluate proposals for research projects on a case-by-case basis.