Scholars Debate Role of Genetic Research in Criminal Law

The National Commission on the Future of DNA Evidence yesterday kicked off an historic conference exploring federal policy on DNA technology and the criminal justice system at the ARCO Forum.

This three-day conclave will feature keynote addresses by U.S. Attorney General Janet Reno, Supreme Court Justice Stephen Breyer, and experts in genetic research and its legal implications.

The conference will address "the impact of advances in our understanding of DNA technology...and how the criminal justice system needs to adapt," said

David Lazer, an assistant professor of public policy at the Kennedy School of Government and a coordinator of the conference.

The National Commission on the Future of DNA Evidence was created in 1998 at Reno's request.

Reno has taken a personal interest in the commission's findings on how DNA testing can be used most efficiently in the future, said Shirley S. Abrahamson, chair of the National Commission on the Future of DNA Evidence.

The conference began yesterday with a panel discussion on behavioral genetics and the criminal justice system, led by Garland Allen, professor of biology at Washington University, Paul Billings, director of GeneSage, which applies genetic technology to practical use, James D. Watson, known for his part in the discovery of the structure of DNA and Lindon J. Eaves, professor of human genetics at the Virginia Commonwealth University.

The panelists discussed concerns over the potential misuse of genetics in the justice system due to a lack of sufficient understanding of the genetic basis for determining behavior.

They agreed that the expression of behavioral traits--phenotypes in the parlance--cannot be directly predicted by genetic composition.

"Individual life experiences of an individual are a significant component of what makes us us," said Eaves, suggesting the influence of the environment on behavior should not be underestimated.

In a question-and-answer session, Philip Reilly, a member of the National Commission on the Future of DNA Evidence, asked the panelists their views on the use of the genetic samples of convicted felons in scientific testing.

Watson said he whole-heartedly approved the study of these samples as a means of furthering understanding of the genetic mechanisms behind behavior.

"If you find the cause [for felons' violent behavior], you might be able to help them," Watson said.

The other panelists were more hesitant about supporting such research because of the social and legal implications.

"The problem is how to control the use of that information in a legal setting and its potential prejudicial nature in non-scientific settings," said Billings.

The panel provided an introduction of the key issues that will be discussed and debated at the conference over the next few days.

Abrahamson said she hopes the conference will educate the public on the complex moral issues that arise with the use of new genetic technology.

"Its important that the public has confidence in the technology and in the justice system," Abrahamson said.