A National DNA Registry IS sound public Policy

 Background

              The United States currently maintains a DNA database, called the Combined DNA Index System (CODIS) which host the National DNA Index System (NDIS). NDIS includes DNA profiles from federal, state, and local investigations.[1] DNA submitted to NDIS must fulfill strict regulatory requirements. For instance, the government is only authorized to collect DNA samples from sex offenders or those committed of major crimes.

While the US has restrictive standards for DNA collection, the United Kingdom maintains a significantly broader DNA database, called the National DNA Database (NDNAD). With over 3 million DNA profiles, "5.2% of the UK population is on the Database, compared with… 0.5% in the USA."[2] The UK has found many benefits from this larger database. In this blog post, I will argue that the creation of a database with the mandatory collection of DNA from every American citizen is good public policy.

Argument #1: Better crime fighting

              With a national DNA registry, law enforcement's ability to solve crimes would increase significantly. In the US, less than 25% of all violent crimes and only 7% of all property crimes are solved.[3] That is absurdly low. A national DNA registry that includes DNA from all citizens, however, could play a huge role in solving these crimes. DNA is powerful. In 2018, the Golden State Killer was caught after investigators searched a database which contained several of the killer's distant relatives.[4] When DNA has been added to criminal investigations: "More than twice as many suspects were identified… [and] arrested."[5]

Not only would a national DNA registry assist in solving crimes, but it may also reduce the number of crimes that are committed. Studies have found that "DNA profiling makes violent offenders 17% less likely to reoffend, and makes property offenders 6% less likely to reoffend."[6] With a national DNA registry, we could achieve a reduction in first offenses as well.

Argument #2: A national DNA database would reduce discrimination

              Another potential benefit of a national DNA database is that it could reduce racial discrimination. It could accomplish this in two primary ways. First, it would create a more racially representative DNA database. While only 13% of Americans are black, up to 49% of CODIS DNA profiles are from black people.[7] As a result, the DNA system we currently use is more likely to contain the DNA of a black person than of a white person, and thus more likely to lead to additional arrests of black people. With a national DNA registry, DNA analysis would not be disproportionately likely to implicate racial minorities.

              Second, a national DNA registry would provide evidence necessary for the exoneration of many wrongfully imprisoned individuals. Unfortunately, there is evidence that black people are wrongfully convicted at disproportionate rates, as 50% of exonerees are black.[8] Thus, by providing a more representative database and by facilitating the exoneration of many individuals, a national DNA registry would reduce the discrimination that continues to plague our criminal justice system.

Argument #3: Non-crime benefits

              While a national DNA registry would be useful in solving crimes, it is important to consider the other potential benefits. For instance, a massive database of DNA could aid further research in genetics. It could also be used to "define paternity… and identify victims of crime, disasters, and war."[9]

Rebuttal: But a national DNA registry is a huge invasion of privacy

              This is a totally reasonable concern. However, I think the benefits of a national DNA registry supersede the privacy risks. If giving up my genetic profile means that I get to live in a society that is safer, more equitable, and more likely to catch criminals, then I would be willing to make that trade. At the same time, I think there are reasonable steps we could take that would decrease the privacy risk associated with a national DNA registry. For instance, we could require that, except in extreme cases, the DNA database could only be used to confirm, rather than to find, a suspect.

Conclusion

              There are many benefits to a national DNA registry. With the creation of a DNA profile of every American citizen, law enforcement would be better equipped to fight crimes, criminal activity would decrease, discrimination in arrests would decrease, and many wrongfully convicted individuals would be exonerated. Obviously, such a database has inherent privacy concerns. While it is reasonable to be concerned about the collection of one's DNA, the resulting benefits are well worth the costs. The creation of a national DNA registry is good public policy.

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[1] https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet

[2] https://webarchive.nationalarchives.gov.uk/ukgwa/20081023094216/http://www.homeoffice.gov.uk/documents/DNAExpansion.pdf

[3] https://www.pewresearch.org/fact-tank/2017/03/01/most-violent-and-property-crimes-in-the-u-s-go-unsolved/

[4] https://www.science.org/content/article/we-will-find-you-dna-search-used-nab-golden-state-killer-can-home-about-60-white

[5] https://www.ojp.gov/pdffiles1/nij/224084.pdf

[6] https://www.forbes.com/sites/quora/2017/05/16/can-dna-databases-reduce-crime-rates/?sh=378f48ef5712

[7] https://blog.petrieflom.law.harvard.edu/2019/01/14/ethical-concerns-of-dna-databases-used-for-crime-control/

[8] https://innocenceproject.org/how-racial-bias-contributes-to-wrongful-conviction/

[9] https://www.hudsonalpha.org/forensics-and-dna-how-genetics-can-help-solve-crimes/