Navigating the Ethical and Legal Maze of FIGG in Prosecution
The Intersection of Innovation and Responsibility
About our Forensic Investigative Genetic Genealogy Blog Series: We’re taking a deep dive into Forensic Investigative Genetic Genealogy. This three-part blog series includes an introduction to this cutting-edge technique followed by this article which takes a deeper look at the ethical and privacy concerns. The third part of the series offers a detailed examination of FIGG’s various facets, providing a thorough understanding of this evolving technique.
Our last blog post delved into the role of Forensic Investigative Genetic Genealogy (FIGG) in reshaping criminal investigations, highlighted by its pivotal role in cracking the Golden State Killer case. While FIGG has undeniably transformed the landscape of forensic investigation, it brings to the forefront significant legal and ethical considerations.
Ethical Considerations in FIGG
The remarkable capacity of FIGG to solve long-standing cold cases is not without its concerns, particularly regarding genetic privacy. The emergence of FIGG as a powerful tool in forensics challenges traditional boundaries between public safety and personal privacy. It’s essential to understand that law enforcement’s use of this technique is solely to identify the source of DNA left at crime scenes. When traditional methods like uploading DNA to CODIS or conducting familial searches fail, law enforcement turns to genetic genealogy services like FIGG. Their goal is to find potential relatives of the DNA source, aiding in lead generation for investigations.
Law enforcement’s use of these services is analogous to that of ordinary consumers exploring genetic connections; they are not interested in health data, insurance, or medical research. They receive a list of potential relatives of the unknown DNA donor, similar to what the public can access. These individuals have consented to make their DNA profiles available and permit law enforcement access. Importantly, law enforcement only sees names and possible kinship levels, not the DNA profiles themselves. This information is then used to further investigate and identify the person responsible for the crime.
Legal Framework and Memorandums of Understanding (MOUs)
Upholding public trust demands clear-cut policies and transparency regarding these databases’ usage in law enforcement.
Following the widespread adoption of FIGG, states like Maryland and Montana have enacted legislation regulating its use. These laws typically require judicial authorization for FIGG in criminal investigations, setting a precedent for its application.
As prosecutors, it’s critical to ensure the appropriate balance of public safety and privacy. Several District Attorney offices in California have developed MOUs to outline the ethical use of FIGG. These MOUs aim to balance public safety with individual privacy rights, stipulating guidelines for the limited use of FIGG, protection of named relatives, and post-investigation data management.
Best Practices in Implementing FIGG
1. Educational Outreach: Knowledge about the capabilities and limitations of FIGG is crucial for informed decision-making in legal scenarios.
2. Collaboration with Law Enforcement: It’s vital to ensure a seamless flow of communication between prosecutors and law enforcement in managing FIGG cases, ensuring that all investigative steps comply with legal standards.
3. Public Communication: Transparency with the public about FIGG’s use, its benefits, and its limitations helps maintain trust and support.
4. Ongoing Review of Legislation and Policies: It’s important for legal professionals to keep up to date with the evolving laws and policies surrounding FIGG to ensure its ethical application.
Upholding Ethical and Legal Integrity
As we navigate through the evolving legal landscapes, the role of prosecutors in guiding the ethical use of FIGG becomes increasingly significant. By adhering to ethical best practices and legal standards, prosecutors can harness the potential of FIGG to deliver justice while safeguarding individual rights. As we continue to witness technological advancements in forensic science, our commitment to ethical and legal integrity will be key in upholding the principles of justice.
Want to take a deeper, comprehensive look into FIGGs? Continue to part three of our blog series providing a thorough understanding of the various facets of this new technique.