RobertsD., Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon, 1997). However, a recent study indicates that expressed attitudes stemming from Tuskegee's aftermath do not translate into sharp differences in behavior, by race, at least insofar as willingness to participate in clinical trials is concerned. WendlerD., “Are Racial and Ethnic Minorities Less Willing to Participate in Health Research?”PLOS Medicine3, no. 2 (2006): 1–10, available at <http://medicine.plosjour-nals.org/perlserv/?request=get-document&doi=10.1371/journal.pmed.0030019> (last visited February 16, 2006).
2.
CannonL., “One Bad Cop,”New York Times Magazine, October 1, 2000: 2.
3.
GloverS. and LaitM., “Lack of Funds Stalls Rampart Probe: The LAPD Seeks Private Donations so that an Independent Panel Can Begin Investigating the Department's Handling of The Scandal,”Los Angeles Times, November 6, 2003, at B1.
Personal communication with KraneDan, September 11, 2005. As noted in the text, Krane is one of the nation's leading experts on DNA forensic technology. Reference notes 9 and 10 explain his role. He was an expert witness at this trial, and sent me extensive notes in the e-mail noted in the “note” that follows in the full references.
9.
PaolettiD. R.DoomT. E.RaymerM. L., and KraneD. E., “Assessing the Implications for Close Relatives in the Event of Similar but Non-Matching DNA Profiles,”Jurimetrics3, no. 2 (2006): 161–75.
10.
Id.
11.
KraneD., personal communication with the author, Sept. 11, 2005.
12.
The Federal DNA Act and most state DNA collection statutes require that the state expunge (from the DNA databank) the profiles of convicted persons whose convictions are reversed. However, in a glaring gap in logic, these statutes do not address what to do with profiles from persons who are not even suspects. The police often retain these DNA profiles in their own, private “suspect databases.” For example, Chicago, Miami, and London, Ohio all keep private police suspect databases. ChapinA. B., “Arresting DNA: Privacy Expectations of Free Citizens versus Post-Convicted Persons and the Unconstitutionality of DNA Dragnets,”Minnesota Law Review89, no. 6 (2005): 1842–1874.
13.
This case was the subject of a full hour documentary by the television news program, 48 Hours, which aired November 26, 2005.
14.
The next segment is drawn from my paper, “Comparative Perspectives and Competing Explanations: Taking on the Newly Configured Reductionist Challenge to Sociology,”American Sociological Review (2006): 1–15.
15.
See SkolnickJ. H., “Corruption and the Blue Code of Silence,”Police Practice and Research3, no. 1 (2002): 7–19; SkolnickJ. H., and FyfeJ. J., Above the Law: Police and the Excessive Use of Force (New York: Free Press, 1993).
16.
JackallR. R., Street Stories: The World of Private Detectives (Cambridge, MA: Harvard University Press, 2005).
17.
See Chapin, supra note 11, at 1847.
18.
Id., at 1843, discussing Griffin v. Wisconsin, 107 S. Ct. 3164 (1987).
19.
Id., at 1854.
20.
SangerD., “In Address, Bush Says He Ordered Domestic Spying,”New York Times, December 18, 2005, at 1.
21.
WambaughJ., The Blooding, (New York: Morrow, 1989).
22.
HansonM., “DNA Dragnet,”American Bar Association Journal90 (2004): 38–43, at 42
JohE. E., “Reclaiming ‘Abandoned’ DNA: The Fourth Amendment and Genetic Privacy,”Northwestern University Law Journal100, no. 2 (2006): 857–884.
26.
Miller-El v. Cockrell, 123 S Ct. 1029 (2003), at 1038.
27.
The British may be in the lead, but the Portuguese have even bigger plans: In early April of 2005, the Portuguese government announced that it intended to collect DNA on all of its residents, all of its inhabitants. See BoavidaM. J., “Portugal Plans a Forensic Genetic Database of its Entire Population,”Newropeans Magazine, at <http://www.newropeans-magazine.org/index.php?option=com_content&task=view&id=2059&Itemid=121> (last visited February 16, 2006).
Note that this was before the bombings in London in early July, 2005.
30.
ShriverM. D., “Ethnic-Affiliation Estimation by Use of Population-Specific DNA Markers,”American Journal of Human Genetics60 (1997): 957–964; LoweA. L., “Inferring Ethnic Origin by Means of an STR Profile,”Forensic Science International119 (2001): 17–22.
31.
The website “ancestrybydna.com” is one of several where one can apply for a kit, and then send in a DNA sample. The company then does an analysis and sends back a report with estimates of the proportion of one's ancestry that is purportedly from one of several large continental groupings.
32.
TouchetteN., “Genome Test Nets Suspected Serial Killer,”Genome News Network, June 13, 2003.
33.
TangH., “Genetic Structure, Self-Identified Race/Ethnicity, and Confounding in Case-Control Association Studies,”American Journal of Human Genetics76 (2005): 268–275.
GavelD., “Fight Crime through Science,”Harvard Gazette, November 30, 2000.
36.
“DNA Fingerprint Act of 2005” was signed into law on January 6, 2006 as Title X of the Violence Against Women Act and Department of Justice Reauthorization Act, Pub. Law 109–162, 119 Stat. 2960.
37.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY. (a) In General- Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended–(1) in subsection (a) (A) in paragraph (1), by striking ‘The Director’ and inserting the following: (A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested or from non-United States persons who are detained under the authority of the United States.
38.
KimmelmanJ., “Risking Ethical Insolvency: A Survey of Trends in Criminal DNA Databanking,”Journal of Law, Medicine & Ethics28 (2000): 209–221.
39.
SimoncelliT., “Dangerous Excursions: The Case Against Expanding Forensic DNA Databases to Innocent Persons,”Journal of Law, Medicine & Ethics34 (2006): 390–397. See also in this issue, GreelyH., “Family Ties: The Uses of DNA Offender Databases to Catch Offenders' Kin,”Journal of Law, Medicine & Ethics34 (2006): 248–262. For an examination of the implications of familial DNA database searching in light of the disproportionate number of African-Americans in U.S. forensic databases. The authors, noting the disproportionate number of African-Americans in the CODIS database, state, “…the way that family forensic DNA puts African-Americans under much greater investigative scrutiny may not be unconstitutional, but seems unfair and quite possibly unwise.” Id., at 260.
40.
Pub. Law 109–162, 119 Stat. 2960, codified at 42 U.S.C. §14132(a)(1) (2005). The amendment retains the prohibition on inclusion of samples voluntarily submitted solely for the purpose of elimination. Id.
41.
See Lowe, supra note 28.
42.
WacquantL., “Deadly Symbiosis: When Ghetto and Prison Meet and Mesh”Punishment and Society3, no. 1 (2000): 95–134. Reprinted in GarlandD., ed., Mass Imprisonment: Social Causes and Consequences (London: Sage, 2001): 82–120.
43.
GrossS. R., “Exonerations in the United States, 1989 through 2003,” Unpublished manuscript, University of Michigan Law School (2004) available at <http://www.law.umich.edu/newsandinfo/exonerations-in-us.pdf> (last visited March 14, 2006).
