The importance of considering common sources of unknown DNA when evaluating findings given activity level propositions.

Evaluating forensic biological evidence considering activity level propositions is becoming more prominent around the world. In such evaluations it is common to combine results from multiple items associated with the alleged activities. The results from these items may not be conditionally independent, depending on the mechanism of cell/DNA transfer being considered and it is important that the evaluation takes these dependencies into account. Part of this consideration is to incorporate our understanding of prevalent DNA and of background DNA on objects and people, and how activities can lead to common sources of unknown DNA being deposited on items. We demonstrate a framework for evaluation of DNA evidence in such a scenario using Object-Oriented Bayesian Networks and apply it to a motivating case from South Australia.

DNA profiling and databasing: An analysis of issues and challenges in the criminal justice system of Pakistan.

The use of DNA as evidence in judicial trials in Pakistan is fraught with issues and challenges, including sampling, profiling, analysis, inclusion and exclusion criteria, insight and oversight mechanisms, invasion of personal privacy, constitutional safeguards and court admissibility issues. These problems have diminished the significance of this robust forensic evidence and hindered the creation of a central database in the country. This paper discusses these issues and introduces suggestions for the inclusion of DNA as significant evidence in the criminal justice system of Pakistan.

Familial DNA analysis and criminal investigation: Usage, downsides and privacy concerns.

Since the discovery of Deoxyribonucleic acid (DNA) capability in forensic investigation, it has been an important part of the criminal justice system. In most criminal cases DNA profile originating from evidence sample collected from the crime scene is compared with the DNA profile from the reference sample. However, when a reference sample is not available for comparison, familial DNA analysis can provide important investigation leads in a criminal investigation process by identifying an individual. Moreover, this analysis is also proving effective in the identification of ethnicity and ancestry of an individual. A number of different methodologies and software are being used for familial DNA analysis. This review describes the importance of familial DNA analysis, methodologies used for familial DNA searching and identification, and its advantages in forensic. Moreover, ethical, legal and social issues associated with familial DNA analysis have also been discussed along with future directions for the proper implementation of this technology.

El fenotipado de ADN como potencial herramienta investigativa en el campo de la genética forense. Estado actual / Forensic DNA phenotyping: a promising tool to aid forensic investigation. Current situation

El fenotipado de ADN forense mediante massive parallel sequencing es una técnica emergente dentro del campo de la genética forense, que permite predecir características visibles del individuo a partir del ADN. Esta herramienta se ha convertido en una de las más potentes para ayudar a estrechar el cerco investigativo en diferentes casos forenses. Hasta ahora el color de ojos, de piel y de pelo son los rasgos fenotípicos que se pueden predecir con la suficiente precisión y fiabilidad como para usarlos en la práctica forense. Sin embargo, esta técnica no está implementada todavía de manera rutinaria en este campo debido, principalmente, a la falta de conocimiento genético completo sobre la pigmentación y los rasgos faciales humanos; y la menor predictibilidad de los fenotipos intermedios. Además, su aplicación en algunos países ha suscitado una serie de cuestiones éticas y sociales, así como legales, siendo estos últimos los más determinantes en la implementación de esta herramienta

Forensic DNA Phenotyping (FDP) based on massive parallel sequencing (MPS) is an emerging technique within Forensic Genetics that enables the prediction of an individual's externally visible characteristics (EVCs) from DNA. Because of its achievements, FDP has become one of the most useful additional tools for aiding police investigations to narrow down the investigative pool in different types of forensic cases. Eye, hair and skin colour can now be predicted reliably and with practically useful accuracy. However, FDP has not yet been routinely implemented in the forensic science field due to, principally, the lack of complete genetic knowledge of pigmentation and facial traits and the lower predictability of intermediate phenotypes. Furthermore, in some countries its application has given rise to a number of ethical, social and legal issues, the latter being the most restrictive barrier to the implementation of FDP

In search of a free movement of forensic evidence: Towards minimum standards to determine evidence admissibility?

In coming to a European Forensic Evidence Area, an European Union ambition to be reached by 2020, judicial cooperation in criminal matters should be levelled-up. Grounded on the legal basis provided by the Lisbon Treaty, this research identifies the minimum standards to be developed by looking into the actions taken both from a legal and from a forensic-scientific perspective to standardise the collection, storage and use of forensic expert evidence. In examining the feasibility of such standards, primary sources of legislation, policy documents and case-law on a European level are compared with a comparative study of domestic norms in six jurisdictions. Depending on the phase in the chain of custody and fundamental principle involved, but also on the level of cooperation between the forensic and legal actors, it was noticeable that the comparison led to different conclusions, depending on the refusal grounds provided by the member states and the necessity of intervention at the European level to safeguard the underlying fundamental values.

Using the Nondonor Distribution to Improve Communication and Inform Decision Making for Low LRs from Minor Contributors in Mixed DNA Profiles.

The reporting of a likelihood ratio (LR) calculated from probabilistic genotyping software has become more popular since 2015 and has allowed for the use of more complex mixtures at court. The meaning of "inconclusive" LRs and how to communicate the significance of low LRs at court is now important. We present a method here using the distribution of LRs obtained from nondonors. The nondonor distribution is useful for examining calibration and discrimination for profiles that have produced LRs less than about 104 . In this paper, a range of mixed DNA profiles of varying quantity were constructed and the LR distribution considering the minor contributor for a number of nondonors was compared to the expectation given a calibrated system. It is demonstrated that conditioning genotypes should be used where reasonable given the background information to decrease the rate of nondonor LRs above 1. In all 17 cases examined, the LR for the minor donor was higher than the nondonor LRs, and in 12 of the 17 cases, the 99.9 percentile of the nondonor distribution was lower when appropriate conditioning information was used. The output of the tool is a graph that can show the position of the LR for the person of interest set against the nondonor LR distribution. This may assist communication between scientists and the court.

The Effects of Legislation Mandating DNA Testing in Sexual Assault Cases: Results in Texas.

Many cities and states have taken steps to identify and process all untested sexual assault kits (SAKs). Texas was one of the first states to enact such legislation-SB 1636-which created a time line for a statewide audit and mandatory testing of SAKs. A mixed-methods approach was used to assess the effects of SB 1636 at both state and local levels. The study did not detect any effect of SB 1636 on reporting, arrests, or convictions. The legislation did have a significant effect on criminal justice workloads, particularly crime laboratories.

DNA commission of the International society for forensic genetics: Assessing the value of forensic biological evidence - Guidelines highlighting the importance of propositions. Part II: Evaluation of biological traces considering activity level propositions.

The value of the evidence depends critically on propositions. In the second of two papers intended to provide advice to the community on difficult aspects of evaluation and the formulation of propositions, we focus primarily on activity level propositions. This helps the court address the question of "How did an individual's cell material get there?". In order to do this, we expand the framework outlined in the first companion paper. First, it is important not to conflate results and propositions. Statements given activity level propositions aim to help address issues of indirect vs direct transfer, and the time of the activity, but it is important to avoid use of the word 'transfer' in propositions. This is because propositions are assessed by the Court, but DNA transfer is a factor that scientists need to take into account for the interpretation of their results. Suitable activity level propositions are ideally set before knowledge of the results and address issues like: X stabbed Y vs. an unknown person stabbed Y but X met Y the day before. The scientist assigns the probability of the evidence, if each of the alternate propositions is true, to derive a likelihood ratio. To do this, the scientist asks: a) "what are the expectations if each of the propositions is true?" b) "What data are available to assist in the evaluation of the results given the propositions?" When presenting evidence, scientists work within the hierarchy of propositions framework. The value of evidence calculated for a DNA profile cannot be carried over to higher levels in the hierarchy - the calculations given sub-source, source and activity level propositions are all separate. A number of examples are provided to illustrate the principles espoused, and the criteria that such assessments should meet. Ideally in order to assign probabilities, the analyst should have/collect data that are relevant to the case in question. These data must be relevant to the case at hand and we encourage further research and collection of data to form knowledge bases. Bayesian Networks are extremely useful to help us think about a problem, because they force us to consider all relevant possibilities in a logical way. An example is provided.

Towards a reformed policy for immigrant DNA tests, a commentary.

DNA can be useful corroborative evidence in establishing familial relationship in immigration cases. Presently, there is no specific law in the UK regulating the use of DNA in this domain. This has led to inconsistencies in policy guidance and the rejection of some immigrant applications solely or partly due to a lack of DNA evidence. This commentary draws on the DNA regulatory regime in law enforcement to make a case for a specific DNA immigration law to protect individual rights, assure fairness and trust in the treatment of applicants. In addition to a specific law, consistency in operations should be ensured by developing a central point of contact for guidance including a central IT system, and a custodian of the DNA application process. Further, a single code of practice and conduct is proposed to ensure that guidance products are in line with the law and practice. An independent multi-stakeholder board is also recommended to ensure that policies are representative of the views of applicants and their relatives; policy officers and operational staff; and policymakers and the public.

Privacy and data protection in the surveillance society: The case of the Prüm system.

The simultaneous localisation and globalisation of 'terrorist threats' and cross-border criminality have led to increased expansion of surveillance activities and greater cross-border police and judicial cooperation, placing a greater priority on these activities within the political agenda of the EU. In this scenario, the expansion of technological systems for surveillance and monitoring, and the large-scale exchange of citizens' personal data play a pivotal role in the "fight against crime". This paper explores the multiplicity of data protection regimes in different EU Member States within the framework of the Prüm system. While EU regulations establish minimum standards for personal data flows at the transnational level, local and domestic practices are extremely heterogeneous. Based on analysis of 37 interviews conducted with professionals involved in the automated exchange of forensic genetic profiles, this paper provides empirical data that highlights the tensions between the local and the global within DNA data exchanges across the EU. These tensions relate to differentiated sociotechnical imaginaries regarding the protection of personal data flowing between Member-States. In sum, this paper analyses the potential threats to human rights created by the exchange of personal data with regards to issues of privacy and data protection.

Correcting forensic DNA errors.

DNA mixture interpretation can produce opposing conclusions by qualified forensic analysts, even within the same laboratory. The long-delayed publication of the National Institutes of Standards and Technology (NIST) study of 109 North American crime laboratories in this journal demonstrates this most clearly. This latest study supports earlier work that shows common methods such as the Combined Probability of Inclusion (CPI) have wrongly included innocent people as contributors to DNA mixtures. The 2016 President's Council of Advisors on Science and Technology report concluded, "In summary, the interpretation of complex DNA mixtures with the CPI statistic has been an inadequately specified-and thus inappropriately subjective-method. As such, the method is clearly not foundationally valid" [7]. The adoption of probabilistic genotyping by many laboratories will certainly prevent some of these errors from occurring in the future, but the same laboratories that produced past errors can also now review old cases with their new software-without additional bench work. It is critical that laboratories adopt procedures and policies to do this.

DNA testing in sexual assault cases: When do the benefits outweigh the costs?

OBJECTIVES: We examined 1200 sexual assault cold cases from Denver, Colorado to ascertain the rate of successful prosecution in which there was a DNA suspect match and the cost per conviction. RESULTS: Nearly 40% of the cases in which there was a DNA match failed to result in an arrest or prosecution primarily because victims were uncooperative or their testimony was judged to be unreliable. Other factors affecting conviction included crime context, victim availability, and the ability of the defendant to mount a consensual sex defense. Once an arrest had been made, however, the conviction rate exceeded 90%. We estimate that Denver's sexual assault DNA testing program cost roughly $16,000 per conviction. CONCLUSION: Our results lend strong support to the value of testing sexual assault kits (SAKs) even in cold cases. This suggests that programs such as Federal Solving Cold Cases with DNA Program are well worth the investment.

Nuevos desafíos en torno al big data / New challenges around big data

Los nuevos reglamentos europeos sobre ensayos clínicos, dispositivos médicos y el nuevo Reglamento Europeo sobre protección de datos, incorporan varios preceptos para garantizar el derecho a la vida privada y la protección de datos en materia de salud. Sin embargo, la fragmentación de la regulación, el riesgo de sufrir ciber-ataques y violaciones de seguridad, las filtraciones masivas de big data, o el uso no autorizado de datos biométricos nos llevan a poner en duda el papel predominante que la regulación otorga al consentimiento previo del propietario en la cesión de los datos personales como clave del sistema. En este sentido, las normas de protección de datos generales del nuevo reglamento prohíben el tratamiento de los datos personales relativos a la salud, pero las numerosas excepciones a esta regla general pueden limitar los derechos del interesado. Además, la falta de medidas técnicas y organizativas comunes para garantizar el respeto del principio de minimización de datos y la falta de obligación de aplicar medidas de compatibilidad para intercambiar, cuando sea necesario, los datos obtenidos en los Estados miembros pueden poner en grave riesgo los beneficios de la regulación y amenazar la efectividad del derecho a la privacidad

New European Regulations on clinical trials, medical devices or the European Regulation on data protection, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, incorporate several rules to ensure the right to privacy and the data protection in the field of health. However, the fragmentation of the regulation, the risk of cyber-attacks and security breaches, the massive leaks of big data or the unauthorized use of biometric data, lead us to question about the dominant role that the regulation gives to the prior consent of the owner in the transfer of personal data as a key of the system. In this sense, the rules of protection of general data of the new Regulation prohibit the treatment of the personal data relating to health, but numerous exceptions to this general rule, may limit the rights of the person concerned. In addition, the lack of common technical and organizational measures to ensure the respect of the principle of data minimization and lack of obligation to implement measures of support for exchange, where necessary, the data obtained in the States Members can put at risk the benefits of regulation and threaten the effectiveness of the right to privacy

Time to exonerate eyewitness memory.

Understandably enough, most people are under the impression that eyewitness memory is unreliable. For example, research shows that memory is malleable, so much so that people can come to confidently remember traumatic events that never actually happened. In addition, eyewitness misidentifications made with high confidence in a court of law are known to have played a role in more than 70% of the 358 wrongful convictions that have been overturned based on DNA evidence since 1989. However, recent research demonstrates that eyewitness confidence is highly indicative of accuracy on an initial, uncontaminated, properly administered photo lineup. In other words, low confidence indicates that the test result (i.e., the ID) is inconclusive, whereas high confidence indicates that the test result is far more conclusive. Critically, for the DNA exonerees who were misidentified by an eyewitness in a court of law, in every case where their initial confidence can be determined, the eyewitness appropriately expressed low confidence. For any other kind of evidence (e.g., DNA, fingerprints), an inconclusive test result like that would have been the end of it. By contrast, in the case of eyewitness evidence, investigators repeatedly tested (and therefore unwittingly contaminated) memory until a seemingly conclusive high-confidence ID could be presented to the jury. Blaming eyewitness memory for the failure of the criminal justice system to accept the inconclusive nature of the initial (uncontaminated) eyewitness evidence seems misguided. In addition to exonerating the innocent defendants who were wrongfully convicted, the time has come to exonerate eyewitness memory too.

Forensic DNA phenotyping: Developing a model privacy impact assessment.

Forensic scientists around the world are adopting new technology platforms capable of efficiently analysing a larger proportion of the human genome. Undertaking this analysis could provide significant operational benefits, particularly in giving investigators more information about the donor of genetic material, a particularly useful investigative lead. Such information could include predicting externally visible characteristics such as eye and hair colour, as well as biogeographical ancestry. This article looks at the adoption of this new technology from a privacy perspective, using this to inform and critique the application of a Privacy Impact Assessment to this emerging technology. Noting the benefits and limitations, the article develops a number of themes that would influence a model Privacy Impact Assessment as a contextual framework for forensic laboratories and law enforcement agencies considering implementing forensic DNA phenotyping for operational use.

Massively parallel sequencing and the emergence of forensic genomics: Defining the policy and legal issues for law enforcement.

Use of DNA in forensic science will be significantly influenced by new technology in coming years. Massively parallel sequencing and forensic genomics will hasten the broadening of forensic DNA analysis beyond short tandem repeats for identity towards a wider array of genetic markers, in applications as diverse as predictive phenotyping, ancestry assignment, and full mitochondrial genome analysis. With these new applications come a range of legal and policy implications, as forensic science touches on areas as diverse as 'big data', privacy and protected health information. Although these applications have the potential to make a more immediate and decisive forensic intelligence contribution to criminal investigations, they raise policy issues that will require detailed consideration if this potential is to be realised. The purpose of this paper is to identify the scope of the issues that will confront forensic and user communities.

The UK National DNA Database: Implementation of the Protection of Freedoms Act 2012.

In 2008, the European Court of Human Rights, in S and Marper v the United Kingdom, ruled that a retention regime that permits the indefinite retention of DNA records of both convicted and non-convicted ("innocent") individuals is disproportionate. The court noted that there was inadequate evidence to justify the retention of DNA records of the innocent. Since the Marper ruling, the laws governing the taking, use, and retention of forensic DNA in England and Wales have changed with the enactment of the Protection of Freedoms Act 2012 (PoFA). This Act, put briefly, permits the indefinite retention of DNA profiles of most convicted individuals and temporal retention for some first-time convicted minors and innocent individuals on the National DNA Database (NDNAD). The PoFA regime was implemented in October 2013. This paper examines ten post-implementation reports of the NDNAD Strategy Board (3), the NDNAD Ethics Group (3) and the Office of the Biometrics Commissioner (OBC) (4). Overall, the reports highlight a considerable improvement in the performance of the database, with a current match rate of 63.3%. Further, the new regime has strengthened the genetic privacy protection of UK citizens. The OBC reports detail implementation challenges ranging from technical, legal and procedural issues to sufficient understanding of the requirements of PoFA by police forces. Risks highlighted in these reports include the deletion of some "retainable" profiles, which could potentially lead to future crimes going undetected. A further risk is the illegal retention of some profiles from innocent individuals, which may lead to privacy issues and legal challenges. In conclusion, the PoFA regime appears to be working well, however, critical research is still needed to evaluate its overall efficacy compared to other retention regimes.