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Forensic DNA:
Statement of Principles
1) No one, whether convicted or otherwise, should be forced to give a medical sample of any kind unless it has been determined in open court that their right to bodily integrity and genetic privacy is exceeded by overwhelming issues of public interest in the evidence likely to be produced.
2) Police and prison officers should play no part in gaining consent for voluntary forensic procedures nor collecting forensic evidence.
3) Forensic samples and the profiles they produce should remain the 'property' of the person who sourced them whenever that is known, no matter how they were obtained. When they are no longer required as evidence control of them should revert to that person. It is totally unacceptable for government to hang onto samples and profiles indefinitely or pass them on as they see fit.
4) The mass databasing and crossmatching of DNA profiles in an attempt to gain 'cold hits' which might provide evidence in 'suspectless' crimes exceeds the theoretical and practical limitations of forensic DNA testing, and will result in wrongful convictions if permitted. It is totally unacceptable and discriminatory that prisoners should overwhelmingly be the ones subjected to this risk, especially as they are likely to be in a worse position than most when it comes to defending themselves.
5) That the massive government funding of police, forensic labs and computer systems in the absence of Legal Aid funding which will enable the impoverished to access the sort of technical expertise required to defend against DNA evidence will further tilt the criminal justice system in favour of the prosecution and the wealthy.
6) Australian forensic scientists have an extremely poor record in presenting forensic evidence in court and have been responsible for a disproportionate number of wrongful convictions. They are way overdue for proper independent monitoring and oversight. This need has become urgent as forensic evidence plays a part in an ever increasing number of criminal cases.
Recommendations to NSW Legislative Council Inquiry
into the Crimes (Forensic Procedures) Act 2000
- Justice Action hopes that the committee will recommend:
• the immediate repeal of the Crimes (Forensic Procedures) Act
• an immediate halt to the forensic testing of prisoners and true destruction of data and samples taken so far
• an immediate halt to the databasing of profiles and passing on of data to other jurisdictions (eg CrimTrac)
• the formation of a consultative committee with representation from key stakeholders (including non-govt) and academics in relevant fields. Its task would be to facilitate the development of a Best Practice Model of forensic DNA laws (and perhaps genetic privacy in general) and make appropriate recommendations regarding oversight bodies, lab & database resourcing etc by consulting with reps of wider stakeholders and the community in general
• that an oversight and monitoring body be formed to audit, evaluate and accredit those likely to be recognised as forensic expert witnesses in NSW courts. It should be able to make non-binding recommendations with regard to what areas of expertise should be legally recognised in certain individuals, standards for presenting & admitting forensic evidence and counselling or retraining for forensic experts who give confusing or misleading evidence.
Please note: All the linked documents below
are in a .PDF format, and will require the Adobe Acrobat Reader.
The reader is freely available at Adobe.com
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JA Articles and papers on DNA testing
1) Consent by Coercion (04-April-2001) [24KB]
- Details how Part 7 of the Crimes (Forensic Procedures) Act has been implemented in NSW prisons. It was originally distributed on April 11, 2001 at the Sydney Institute of Criminology seminar 'The Use of DNA in the Criminal Justice System'. Made up largely of information supplied by NSW prisoners. Contains some appendices which are not available in electronic format.
2) Legally Scientific? (09-Jun-2001) [72KB]
- Traces the history of DNA use in the criminal justice system, focussing on problems with effective laboratory standards and the difficulty courts have had in interpreting DNA evidence. An earlier draft of Legally Scientific? was distributed at the April 11 Sydney Institute of Criminology seminar.
3) Submission to last year's Senate Legal and Constitutional Commission Inquiry into the Commonwealth Crimes Amendment (Forensic Procedures) Bill 2000. (October 2000 [20KB])
- Justice Action was the only NGO called to give evidence at the Inquiry. Transcript at <http://www.aph.gov.au/hansard/senate/commttee/s4353.pdf>
4) DNA and Criminal Justice (February 2000) [36KB]
- Originally prepared by Justice Action as a paper for a NSW Parliamentary Crossbencher Briefing. Now included in the Book of Readings for Griffith University law students.
5) Legislation Alert
- Crimes (Forensic Procedures) Bill 2000 (05-Jun-2000) [16KB]
- Bulletin distributed to NSW parliamentarians insisting that the Crimes (Forensic Procedures) Bill 2000 be referred to the Standing Committee on Law and Justice.
6) Crimes (Forensic Procedures) Bill 2000
- Amendment proposals (08-Jul-2000) [32KB]
- Amendments proposed by Justice Action during the passage of the legislation through NSW parliament.
7) DNA Testing and Indigenous Australians (14-Jun-2001 [12KB]) - Written for Indigenous Social Justice Association newsletter Djadi-Dugarang. Explains why forensic DNA testing will fall more heavily upon Aboriginal Australians.
8) When Government Grabs your Genes (July 2000) [12KB]
- Article written for Green Left Weekly pointing out the way in which the Crimes (Forensic Procedures) Act allows the government to keep and commercialise forensic samples.
9) The Brave New World of Big Brother Bob (May 2000) [12KB]
- Article for Chippo news highlighting the draconian provisions of the Crimes (Forensic Procedures) Act and pointing out that the Sydney Red Cross Blood bank has long provided samples which are DNA profiled and databased without the knowledge or consent of donors.
10) DNA Testing and NSW Prisoners (January 2001) [16KB]
- Info leaflet for NSW prisoners.
11) NSW prisoners and the DNA laws (November 2000) [16KB]
- DNA article from Framed Summer 2000 edition. Heavily editted and censored after threats from NSW Corrective Services to prevent the distribution of Framed containing the original version of the article.
12) DNA testing - Prisoners fight back (May 2001 [12KB])
- Small article in current Framed.
13) Submission to NSW Legislative Council Inquiry into the Crimes (Forensic Procedures) Act (04-Jun-2001) [108KB]
- Overview of the development and introduction of forensic DNA laws in NSW and in depth critique of the shortcomings of the legislation.
14) Big Brother - When life imitates art (25-July-2001) [20KB]
- Written for UNSW student magazine Thurunka. Draws parallels between constant surveillance and summary justice as it appears in reality TV and in Bob Carr's NSW - comparing both with the nightmare society prophesised by George Orwell.
15) Supplementary Submission to NSW Legislative Council Inquiry into the Crimes (Forensic Procedures) Act (26-Aug-2001) [80KB]
- Answers specific questions about DNA testing and the Act asked of Justice Action by the Standing Committee on Law and Justice.
Michael Strutt - Justice Action
PO Box 386 Broadway NSW Australia 2007.
Ph: 61-2-9281-5100. Fax: 61-2-9281-5303
Email: justiceaction@justiceaction.org.au
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