Cardozo Law Review
Abstract
The use of investigative genetic genealogy (“IGG”) as a basis for arresting suspects in complex and dormant investigations is raising serious concerns about whether the due process rights of criminal defendants in these cases are being violated. This Note provides a comprehensive look at the role of this groundbreaking, yet little-understood technology in criminal prosecutions. Technological advances have historically necessitated that courts expand and reinterpret legal principles. As a novel derivative of traditional DNA testing, this Note argues IGG should similarly require that discovery statutes be amended or rewritten to adapt to this cutting-edge technique, which is so new that it lacks uniform standards and certifications. By comparing IGG to traditional DNA profiling and other forensic evidence, this Note reveals the reliability and privacy issues arising from such an unconventional application of established scientific practices. While DNA evidence is now considered the “gold standard” and has attained an “aura of infallibility” in the criminal justice system, highly regarded scientific techniques have later been discredited, resulting in numerous wrongful convictions.
There are early warning signs with respect to IGG, which have already led to false identifications, underscoring the need to subject it to the scrutiny of the discovery process. It is crucial to strike a reasonable balance that protects privacy interests but enables defendants to mount a vigorous defense by requiring the disclosure of material to challenge the admissibility of IGG, effectively cross-examine witnesses, and collect potentially exculpatory information. This Note delineates the specific language and scope of potential amendments or reinterpretation of discovery statutes needed to prevent prosecutors from having an unfair advantage and ensure that suspects obtain fair trials.
Keywords
Comparative and Foreign Law, Criminal Law and Procedure, Information Privacy, Law Enforcement, Science and Technology Law, Medical Jurisprudence
Disciplines
Comparative and Foreign Law | Criminal Law | Criminal Procedure | Law | Law Enforcement and Corrections | Medical Jurisprudence | Science and Technology Law
Recommended Citation
Caroline Levine,
Anyone You Are Related to Can Be Used Against You: Criminal Discovery Statutes and Investigative Genetic Genealogy,
46
Cardozo L. Rev.
227
(2024).
Available at:
https://larc.cardozo.yu.edu/clr/vol46/iss1/7
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Law Enforcement and Corrections Commons, Medical Jurisprudence Commons, Science and Technology Law Commons
