DNA Databases: The Case for the Combined DNA Index System
![handle is hein.journals/wflr29 and id is 899 raw text is: DNA DATABASES: THE CASE FOR THE COMBINED
DNA INDEX SYSTEM
INTRODUCTION
Deoxyribonucleic acid (DNA)' has become a revolutionary
prosecutorial weapon for law enforcement. Experts are describing DNA
analysis and typing as the most important tool now available to confirm
or reject an association between a suspect(s) and the victim.'2 The use of
DNA for investigatory purposes3 is perhaps the most discriminating and
efficient prosecutorial device to be developed since the advent of
fingerprinting.4
1. DNA, which stands for deoxyribonucleic acid, is the basic hereditary material that
carries the coded messages of heredity in every living thing. NATIONAL RESEARCH COUNCIL,
DNA TECHNOLOGY IN FORENSIC SCIENCE 2 (1992) [hereinafter DNA TECHNOLOGY]. In
humans, the code-carrying DNA occurs in all cells that have a nucleus, including white
blood cells, sperm, cells surrounding hair roots, and cells in saliva. Id. DNA embodies the
universal code in which the messages of heredity are carried, and is unique to the individual
except for identical twins. Id. at 2-3.
The North Carolina DNA database statute defines the term as follows: 'DNA' means
deoxyribonucleic acid. DNA is located in the nucleus of cells and provides an individual's
personal genetic blueprint. DNA encodes genetic information that is the basis of human
heredity and forensic identification. N.C. GEN. STAT. § 15A-266.2(2) (Supp. 1993). This lan-
guage tracks the FBI's definition of DNA as the material located in the nucleus of cells
[which] encodes genetic information that is the basis of human heredity and forensic identi-
fication. Federal Bureau of Investigation, Legislative Guidelines for DNA Databases 1
(Nov. 1991) (unpublished manuscript on file with Assistant Director in Charge, Laboratory
Division, Federal Bureau of Investigation) [hereinafter Legislative Guidelines].
Although a biological analysis of DNA is beyond the scope of this comment, it is in-
structive to understand that each human has a separate physical appearance because each
possesses a unique hereditary composition .... The DNA of any individual is identical
whether it is extracted from hair bulbs, white blood cells, or a semen specimen. LORNE T.
KIRBY, DNA FINGERPRINTING, AN INTRODUCTION 1 (1990). DNA profiling is thus based upon
these principles of uniqueness. Id. For a brief discussion of how DNA relates to human
genetics, see also Caroline Mayes Kelley, Comment, Admissibility of DNA Evidence:
Perfecting the Search for Truth, 25 WAKE FOREST L. REV. 591, 593-95 (1990).
2. Forensic DNA Analysis: Joint Hearing on H521-24 Before the House Committee
on the Judiciary, Subcommittee on Civil and Constitutional Rights, and the Senate Com-
mittee on the Judiciary, Subcommittee on the Constitution, 102d Cong., 2d Sess. 21 (1991)
(statement of John W. Hicks, Assistant Director, FBI Laboratory Division) [hereinafter
Joint Hearing].
3. While this comment is primarily concerned with the DNA databases' impact on law
enforcement identification purposes, the use of DNA and the Combined DNA Index System
(CODIS) system may also have a widespread impact on the recovery or identification of
human remains from mass disasters, and the identification of missing persons. At least one
state statute has recognized these additional benefits of DNA databasing. See N.C. GEN.
STAT. § 15A-266.5 (Supp. 1993). While CODIS does not address paternity identification is-
sues, the potential for using DNA databasing in this area is enhanced by increased
prosecutorial use in criminal cases.
4. Ronald J. Richards, Comment, DNA Fingerprinting and Paternity Testing, 22 U.C.](ViewImageLocal?handle=hein.journals/wflr29&div=31&collection=&method=preview&ext=.png&size=3)
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DNA Databases: The Case for the Combined DNA Index System
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