The Physician as Gatekeeper to the Use of Genetic Information in the Criminal Justice System

Mitka M. , “Genetics Research Already Touching Your Practice,” American Medical News, April 6, 1998, News section at 3.

Council on Ethical and Judicial Affairs, American Medical Association, “Principles of Medical Ethics, Principle VII,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations (Chicago: American Medical Association, 2000): At xii.

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 2.23, HIV Testing,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations (Chicago: American Medical Association, 2000): At 84–85.

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 2.135, Insurance Companies and Genetic Information,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations (Chicago: American Medical Association, 2000): At 36.

Reilly P.R. , “Efforts to Regulate the Collection and Use of Genetic Information,” Archives of Pathology and Laboratory Medicine, 123, no. 11 (1999): 1066–70.

Commission on Laboratory Accreditation, College of American Pathologists, Laboratory Accreditation Program: Molecular Pathology Checklist (October 2001) (emphasis added), available at <ftp://ftp.cap.org/lapchecklist/cklst_mol.pdf>.

American Society of Human Genetics Social Issues Committee and the American College of Medical Genetics Social, Ethical, and Legal Issues Committee, “Genetic Testing in Adoption,” American Journal of Human Genetics, 66, no. 3 (2000): 761–67.

Scherer R.C. , “Mandatory Genetic Dogtags and the Fourth Amendment: The Need for a New Post-Skinner Test,” Georgetown Law Journal, 85, (1997): 2007–38.

See Reilly , supra note 5.

See Schmerber v. California, 384 U.S. 757 (1966).

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 2.08, Commercial Use of Human Tissue,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations. (Chicago: American Medical Association, 2000): 25–26.

Moore v. Regents of the University of California, 51 Cal.3d 120 (Cal. 1990).

Annas G.J. , “DNA Fingerprinting in the Twilight Zone,” Hastings Center Report, 20, no. 2 (1997): 35–37.

Drobner F. , “DNA Dragnets: Constitutional Aspects of Mass DNA Identification Testing,” Capital University Law Review, 28 (2000): 479–510, at 507.

Miranda v. Arizona, 384 U.S. 436 (1966);.

Renskers S.E. , Comment, “Trial by Certainty: Implications of Genetic ‘DNA Fingerprints,’” Emory Law Journal, 39 (1990): 309–46, at 323.

See Schmerber v. California, 384 U.S. 757 (1966).

Renskers , supra note 12.

See Rochin v. California, 342 U.S. 165 (1952).

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 5.05, Confidentiality,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations. (Chicago: American Medical Association, 2000): At 53.

Reeder D.J. , “Impact of DNA Typing on Standards and Practice in the Forensic Community,” Archives of Pathology and Laboratory Medicine, 123, no. 11 (1999): 1063–65.

Chandler v. Miller, 520 U.S. 305, 313 (1997).

Public Health Service Act § 301 (d), 42 U.S.C. § 241 (d), as amended by Pub. L. No. 100–607, sec. 163 (Nov. 4, 1988).

See also Office for Human Research Protections, “Privacy Protection for Research Subjects: ‘Certificates of Confidentiality,’” at <http://ohrp.osophs.dhhs.gov/humansubjects/guidance/certconpriv.htm> (last updated October 12, 2000).

See id.

“Governor Ryan Declares Moratorium on Executions, Will Appoint Commission to Review Capital Punishment System,” press release by Governor of Illinois George H. Ryan (January 31, 2000), available at <http://www100.state.il.us/PressReleases/PressReleasesListShow.cfm?CFID=1084841&CFTOKEN=27810157&RecNum=359>.

House of Delegates of the American Medical Association, H-80.994, Use of All Appropriate Medical Forensic Techniques in the Criminal Justice System (Chicago: American Medical Association, 2000).

Maixner A.H. Morin K. , “Confidentiality of Health Information Postmortem,” Archives of Pathology and Laboratory Medicine, 125, no. 9 (September 2001): 1189–92.

See id.

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 10.01, Fundamental Elements of the Patient-Physician Relationship,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations (Chicago: American Medical Association, 2000): At 110–11.

See Council on Ethical and Judicial Affairs, supra note 16.

House of Delegates of the American Medical Association, H-315.983, Patient Privacy and Confidentiality (Chicago: American Medical Association, 1999).

See id.

Board of Trustees, American Medical Association, Evaluation of the Use of DNA Identification Testing in Criminal Proceedings (Chicago: American Medical Association, 1991).

See id.

Council on Ethical and Judicial Affairs, American Medical Association, “Opinion 2.136, Genetic Information and the Criminal Justice System,” in Council on Ethical and Judicial Affairs, Code of Medical Ethics: Current Opinions with Annotations (Chicago: American Medical Association, forthcoming in 2002).