DNA DATABASES FOR CRIMINAL JUSTICE SYSTEM: A PATHWAY TOWARDS UTOPIAN OR DYSTOPIAN FUTURE?


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ERBAŞ R.

Age of Human Rights Journal, cilt.18, ss.331-343, 2022 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 18
  • Basım Tarihi: 2022
  • Doi Numarası: 10.17561/tahrj.v18.6592
  • Dergi Adı: Age of Human Rights Journal
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus, MLA - Modern Language Association Database, Philosopher's Index, Directory of Open Access Journals, DIALNET
  • Sayfa Sayıları: ss.331-343
  • Anahtar Kelimeler: DNA evidence, DNA database, crime-solving, criminal law, utopia, dystopia
  • İstanbul Üniversitesi Adresli: Evet

Özet

© 2022 Universidad de Jaen. All rights reserved.DNA evidence has increasingly become a widespread instrument in solving crime as well as crime prevention. As such, creation of DNA databases or expanding the existing ones have been on the rise in the world. On the one side, storing DNA profiles serves as a pivotal tool in crime solving, but on the other, privacy based on genome concerns occur. DNA databases appears as an example of biotechnology today and in the future that are argued in a spectrum ranging from utopia to dystopia. This methodical approach, of course, is nothing new or novel for a DNA database-related study. This study, however, aims to analyse the matter from the standpoint of criminal law and to discuss whether the modus operandi of criminal procedure on the use of DNA databases paves the way towards utopian or dystopian vision for future. It does not consider the argument that the journey in criminal justice, as opposed to the 20th century, today has been directed towards ex-ante prevention rather than ex- post correction. Because the legitimacy of such expansion of the scope of criminal law still remains as unanswered question indeed, even if today, DNA might be salient for the purpose of prevention rather than detection. As such, after introducing theme and indicating scope of the study (I), it provides an overview regarding the involvement of DNA as evidence and respectively database in criminal justice system in the world (II). Whether databases established for criminal justice system serve for dystopian?