Genetic Justice and Transformations of Criminal Procedure

Abstract

The use of DNA technology in the investigation of high-volume crimes such as thefts and burglaries is strongly promoted by politicians worldwide. It is beyond doubt that DNA plays a prominent role in contemporary criminal procedure. In fact, people in general are very accepting of the police's practice of collecting biological samples from suspects, of registering DNA profiles, and of using DNA evidence in prosecutions. Although there are good reasons for such acceptance, possible negative aspects of the use of DNA in the criminal justice system need to be further investigated. This article explores how the new ‘genetic justice regime’ affects the criminal justice system, including criminal trials. Theories and perspectives from the social sciences and jurisprudence are drawn on in order to identify possible unfavourable aspects of the new procedural regime. Increased focus on scientific and objective forms of argumentation in court and the prolongation of the contestability of criminal cases are particularly noteworthy characteristics of a criminal process that relies on DNA to identify perpetrators. It is not inconceivable that increased use of DNA also may give rise to a risk of enlarging the gap between the offender and the community acting in response to the offence and make it more difficult to arouse the offender's moral consciousness through the criminal process.

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