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DNA technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently the Department of Homeland Security does not require DNA tests, but it recommends these tests when primary documentation, such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a result of administrative convenience and as a means of countering fraud, but adoption of a wholesale policy of DNA testing poses a host of potential problems. In an area of law where family reunification is described as the primary goal, an increase in the use of DNA sometimes results in separating families and other unintended consequences. By promoting the use of DNA evidence, the social interests that are paramount in a family relationship could become subservient to genetic interests. The beneficiaries could become mere genetic entities, whose biological relationship through their genes is paramount. This promotes the view that shared genes are the principal means of identifying human relationships and that one should be entitled to legal benefits solely on this basis. Quality control in the collection, storage and testing of samples, access of individuals to testing facilities, especially in developing countries, privacy interests and the potential for misuse of the results of these tests, particularly in preventing the admission of aliens on health grounds are among the potential problems identified in this article. Using examples from disciplines where DNA evidence has been adopted—criminal, family and estates and trusts law—this article will present a workable policy for the use of this technology in immigration law.

Intro -- EXONERATED BY DNA: ISSUES AND CASE PROFILES IN THE USE OF EXCULPATORY DNA EVIDENCE -- EXONERATED BY DNA: ISSUES AND CASE PROFILES IN THE USE OF EXCULPATORY DNA EVIDENCE -- Library of Congress Cataloging-in-Publication Data -- CONTENTS -- PREFACE -- Chapter 1: CONVICTED BY JURIES, EXONERATED BY SCIENCE: CASE STUDIES IN THE USE OF DNA EVIDENCE TO ESTABLISH INNOCENCE AFTER TRIAL -- MESSAGE FROM THE ATTORNEY GENERAL -- FOREWORD: COMMENTARIES ON DNA TESTING -- SECTION I. INTRODUCTION -- SECTION II. STUDY FINDINGS -- SECTION III. POLICY IMPLICATIONS -- SECTION IV. PROFILES OF DNA EXCULPATORY CASES -- GLOSSARY -- APPENDIX. DNA (PCR) RESULTS -- Chapter 2: DNA TESTING IN CRIMINAL JUSTICE: BACKGROUND, CURRENT LAW, GRANTS, AND ISSUES -- SUMMARY -- INTRODUCTION -- BACKGROUND -- FEDERAL LAW -- GRANTS FOR DNA-RELATED PROGRAMS -- SELECTED ISSUES FOR CONGRESS -- INDEX.

Ethical, legal, and social issues raised by pre-symptomatic testing and prenatal diagnosis for genetically transmitted disorders; US.

Forensic DNA phenotyping (FDP) technology represents a set of techniques that aim to predict physical features of criminal suspects, such as eye, skin and hair colour, and also ethnicity through the inference of biogeographic ancestry from their biological samples. In contrast to other forensic technologies, FDP is not used for identifi- cation purposes but valued for its potential intelligence value. Since features predicted by FDP relate to common traits shared by different population groups, critical voices highlight that this technology may (re)create dy- namics of collectivisation of suspect populations. Looking at the criminal justice system, this paper aims to explore the diverse understandings of FDP by professionals working in forensic laboratories and by the members of police forces, alongside the automatic exchange of genetic profiles to fight cross-border crime. Their perceptions are explored according to the per- ceived potential investigative value and potential threats of FDP. Furthermore, we discuss how racial issues are implicitly and explicitly present in these narratives. Results show that FDP may be ushering in a new assemblage of racial issues along three entangled dimensions: the differentiating power of externally visible characteristics, the comparison between genetic and eyewitness testimonies, and the collectivisation of suspicion. ; EXCHANGE – Forensic geneticists and the transnational exchange of DNA data in the EU: Engaging science with social control, citizenship and democracy (grant agreement N°. [648608]); ...