About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

5 Geo. Mason U. C.R. L.J. 1 (1994-1995)
Genetic Privacy: Constitutional Considerations in Forensic DNA Testing

handle is hein.journals/gmcvr5 and id is 7 raw text is: ARTICLE GENETIC PRIVACY: CONSTITUTIONAL CONSIDERATIONS IN FORENSIC DNA TESTING* Dan L. Burk** Jennifer A. Hess*** INTRODUCTION The application of DNA profiling technology to a forensic setting has generated numerous unresolved legal issues. To date, much of the legal commentary' and virtually all of the case law concerning DNA identification has focused upon the admissibility of these tests as legal evidence.2 The majority of courts have admitted DNA evidence, although some concerns remain regarding the statistical basis and interpretation of such tests.3 However, beyond the evidentiary questions attending this tech- nology lies a set of concerns involving the impact of DNA identifica- * Copyright 1995 by Dan L. Burk and Jennifer A. Hess. All rights reserved. Portions of this article were presented in an address at the symposium on Forensic DNA Technology: Update '91, sponsored by the American Chemical Society, Division of Chemistry and the Law, at the Fourth Chemical Congress of North America, August 27, 1991. ** Assistant Professor of Law, Seton Hall University. * J.D. 1995, George Mason University School of Law. 1 See, e.g., Lori L. Swafford, Comment, Admissibility of Genetic Profiling, 18 PEPP. L. REV. 123 (1990); Adrienne M. Grover, Comment, A New Twist in the Double Helix: Admissibility of DNA Fingerprinting in California, 5 SANTA CLARA COMP. & HIGH TECH L.J. 469 (1989); Suzanne Hickman Stenson, Comment, Admit it! DNA Fingerprinting is Reliable, 26 Hous. L. REV. 677 (1989); Laurel Beeler & William Wiebe, Comment, DNA Identification Tests and the Courts, 63 WASH. L. REV. 903 (1988). 2 See, e.g., State v. Bible, 858 P.2d 1152 (Ariz. 1993) (criminal prosecution); United States v. Jakobetz, 747 F. Supp. 250 (D. Vt. 1990) (criminal prosecution), aff'd, 955 F.2d 786 (2d Cir. 1992), cert. denied, 113 S. Ct. 104 (1992); see also In re Baby Girl S, 532 N.Y.S.2d 634 (N.Y. Sup. Ct. 1988) (paternity determination); In re Paternity of J.L.K., 445 N.W.2d 673 (Wis. Ct. App. 1989) (paternity determination). 3 See, e.g., Donald A. Berry, Inferences Using DNA Profiling in Forensic Identification and Paternity Cases, 6 STAT. SCI. 175 (1991); David H. Kaye, DNA Evidence: Probability, Population Genetics, and the Courts, 7 HARV. J.L. & TECH. 101 (1993).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most