Korean J Leg Med.  2019 May;43(2):54-63. 10.7580/kjlm.2019.43.2.54.

Necessity of Guidelines for Research in Forensic Science: DNA Identification

• Jung KW

• KMID: 2448940
• DOI: http://doi.org/10.7580/kjlm.2019.43.2.54

Abstract

Forensic science is an academic field that utilizes scientific knowledge and the conducting of research in legal procedures. Recently, legal science has been receiving more attention since the use of DNA identification started, especially in criminal procedures, in accordance with the development of human genetics. DNA identification has been used to identify criminals by analyzing humanoriginated biological materials obtained from crime scenes, and, more recently, the breadth and effectiveness of their use has been increasing with the operation of DNA databases. The Korean government regulates the operation and utilization of the DNA database through the "Act on Use and Protection of DNA Identification Information." Meanwhile, the actual study of human genetics is regulated by the "Bioethics and Safety Act." Professional areas, such as forensic science, are not areas where regulation by the laws is appropriate. However, the core part of behavior has to be ruled by the laws, considering the impact of scientific achievements on society and individuals when they are utilized. Since most scientific research and performance utilization belong in the scientific and technological domains, regulation through experts' autonomous guidelines is more appropriate. For the regulation of biomedical research through ethical guidelines, some requirements should be satisfied: the ethical guideline should be made by suitable professionals; the ethical guideline should be scientifically and ethically reliable; the ethical guideline should be enforced by a trustworthy institution; and most importantly, the scientist community should be trustworthy.

Keyword

Forensic sciences; Guideline; Identification; Constitutional Law; Law

MeSH Terms

Crime
Criminals
Databases, Nucleic Acid
DNA*
Forensic Sciences*
Genetics, Medical
Humans
Jurisprudence
DNA

Reference

1. Popper K. The logic of scientific discovery. New York: Haper & Row;1959. p. 36.

2. Park S, Cho S, Seo HJ, et al. Entire mitochondrial DNA sequencing on massively parallel sequencing for the Korean population. J Korean Med Sci. 2017; 32:587–592.

3. Graur D, Zheng Y, Price N, et al. On the immortality of television sets: “function” in the human genome according to the evolution-free gospel of ENCODE. Genome Biol Evol. 2013; 5:578–590.

4. Doolittle WF. Is junk DNA bunk? A critique of ENCODE. Proc Natl Acad Sci U S A. 2013; 110:5294–5300.

5. Germain PL, Ratti E, Boem F. Junk or functional DNA? ENCODE and the function controversy. Biol Philos. 2014; 29:807–831.

6. Homer . The iliad. San Diego: CreateSpace Independent Publishing Platform;2018.

7. Lombroso C. Criminal man. Durham: Duke University Press;2006.

8. Chung BH. Theory of causes of crime and criminal sociology. J Crim Law. 1990; 3:132–182.

9. Kevles DJ. In the name of eugenics: genetics and the uses of human heredity. Cambridge: Harvard University Press;1995.

10. Paul DB. The politics of heredity: essays on eugenics, biomedicine, and the nature-nurture debate. New York: SUNY Press;1998.

11. Lyon D. Surveillance society: monitoring everyday life. Philadelphia: Open University Press;2001. p. 10–87. p. 272–281.

12. Foucault M. Discipline and punish: the birth of the prison. New York: Vintage Books;1995.

13. Deleuze G. Postscript on the societies of control. October. 1992; 59:3–7.

14. Tegmark M. Life 3.0: being human in the age of artificial intelligence. New York: Alfred A. Knopf;2017. p. 340.

15. Sherratt Y. Hitler's philosophers. New Heaven: Yale University Press;2013.

16. Lilla M. The reckless mind: intellectuals in politics. New York: New York Review of Books;2001.

17. Foucault M. Madness and civilization: a history of insanity in the age of reason. New York: Vintage Books;1988.

18. Foucault M. The birth of the clinic: an archaeology of medical perception. New York: Vintage Books;1994.

19. Jung KW. Paternalism and autonomy principle in medical practice. Korean J Leg Philos. 2002; 5:231–254.

20. Heine SJ. DNA is not destiny: the remarkable, completely misunderstood relationship between you and your genes. New York: W. W. Norton & Company;2017. p. 29–43.