RESUMEN
The automatic exchange and comparison of DNA data between national databases to combat terrorism and cross-border crime in the EU area has been facilitated by the 2008 Prüm Decisions. While it was anticipated that all EU Member States would have fulfilled the requirements by August 2011, this has not yet occurred. Once each Member State has implemented the Prüm Decisions, which is expected to occur by spring or summer 2019, the EU Commission is planning on submitting a legislative proposal to amend the Prüm Decisions, possibly broadening its scope both in terms of types of data exchanged and the number of countries involved. Therefore, it is a timely place to review the available literature on the existing data on the cross-border exchange and comparison of DNA. However, due to the limited amount of available data regarding the Prüm regime's contribution to combating crime and terrorism, this article reviews national DNA databases' contribution to national criminal justice systems before it turns to the Prüm regime. Outlining how Prüm represents an "aspirational regime" focused on a secure and safe future, we draft recommendations directed towards rendering cross-border exchange of DNA data more transparent and accountable.
Asunto(s)
Dermatoglifia del ADN , Bases de Datos de Ácidos Nucleicos , Difusión de la Información/legislación & jurisprudencia , Cooperación Internacional/legislación & jurisprudencia , Crimen , Unión Europea , Humanos , TerrorismoRESUMEN
In this article, I'm interested in the 2750 victims of the 9/11 attacks in New York City. I consider two connected issues. The first regards bereavement journeys of victims' families and the significance of receiving a body to bury vis-à-vis the normative assignment to find closure. The second issue I address is how forensic experts, their technologies, and managing protocols interact with victims' families and their emotions. Using insights from Science and Technology Studies, I articulate some of the goods and bads of identification practices and argue for extensive communication and cooperation between experts and victims' families.
Asunto(s)
Aflicción , Familia , Antropología Forense , Relaciones Interpersonales , Ataques Terroristas del 11 de Septiembre , Antropología Médica , Familia/etnología , Familia/psicología , Femenino , Humanos , Masculino , Ataques Terroristas del 11 de Septiembre/etnología , Ataques Terroristas del 11 de Septiembre/psicología , Estados Unidos/etnologíaRESUMEN
In 2005, seven European countries signed the so-called Prüm Treaty to increase transnational collaboration in combating international crime, terrorism and illegal immigration. Three years later, the Treaty was adopted into EU law. EU member countries were now obliged to have systems in place to allow authorities of other member states access to nationally held data on DNA, fingerprints, and vehicles by August 2011. In this paper, we discuss the conditions of possibility for the Prüm network to emerge, and argue that rather than a linear ascent towards technological and political convergence and harmonisation, the (hi)story of Prüm is heterogeneous and halting. This is reflected also in the early stages of implementing the Prüm Decision which has proven to be more challenging than it was hoped by the drivers of the Prüm process. In this sense, the Prüm network sits uncomfortably with success stories of forensic science (many of which served the goal of justifying the expansion of technological and surveillance systems). Instead of telling a story of heroic science, the story of Prüm articulates the European dream: one in which goods, services, and people live and travel freely and securely.
Asunto(s)
Crimen/legislación & jurisprudencia , Derecho Penal , Bases de Datos Factuales/legislación & jurisprudencia , Ciencias Forenses/legislación & jurisprudencia , Cooperación Internacional/legislación & jurisprudencia , Jurisprudencia , ADN , Dermatoglifia , Emigración e Inmigración/legislación & jurisprudencia , Europa (Continente) , Humanos , TerrorismoRESUMEN
How is jurisdiction transferred from an individual's biological body to agents of power such as the police, public prosecutors, and the judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analysing bodies situated at the intersection of science and law. More specifically, the transformation of 'private bodies' into 'public bodies' is analysed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various 'forensic genetic practices' enact different forensic genetic bodies'. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies''normative registers'.