Non-Conviction’ DNA Databases and Criminal Justice: A Comparative Analysis

Journal of Commonwealth Criminal Law, pp. 55-77, 2011

Posted: 14 Dec 2011

See all articles by Liz Campbell

Liz Campbell

Monash University - Faculty of Law

Date Written: December 13, 2011

Abstract

Common law countries share a growing receptiveness to the use of DNA (deoxyribonucleic acid) in criminal investigation and prosecution, with the formalization and steady expansion of schemes of DNA collection and retention. Despite a general consensus regarding the significance and value of genetic material in criminal justice, there is considerable divergence in terms of the populations from whom DNA may be collected and the length of time for which DNA may be retained. This article takes a comparative approach by assessing the trajectory of the law relating to DNA collection and retention in a range of common law jurisdictions, and ascertains how aspects of particular countries‟ laws seek to resolve common problematic issues that arise concerning human rights, in particular the rights to bodily integrity, of privacy and the presumption of innocence. It identifies a common international movement to a risk- based approach and concludes that of the comparator jurisdictions the Canadian model provides the most fitting accommodation for human rights in DNA database expansion.

Suggested Citation

Campbell, Liz, Non-Conviction’ DNA Databases and Criminal Justice: A Comparative Analysis (December 13, 2011). Journal of Commonwealth Criminal Law, pp. 55-77, 2011. Available at SSRN: https://ssrn.com/abstract=1971744

Liz Campbell (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

HOME PAGE: http://https://research.monash.edu/en/persons/liz-campbell

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