DNA i statens förvar

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The securing at crime scenes of tissue samples that can be used for DNA-profiling is gaining increasing importance in criminal investigations, as well as in lawsuits. Thanks to the combination of refined genetic technologies and markedly improved means to compare DNA profiles detected at crime scenes with those stored in various forensic registries through computerized database searches, both Swedish and foreign individuals can rapidly be implicated as suspects in crime investigations. As there are abundant advantages with this technological development, it might seem tempting to expand the indications for DNA-profiling, the storage of DNA profiles, as well as the interlinking of various registries; ultimately, one could imagine an all-encompassing DNA registry with profiles from all citizens. However, there are social and ethical aspects of DNA-profiling and registries that should be taken into account when considering new legislation in this area. Here, I briefly outline how DNA technology is currently used in criminal investigations in Sweden, by which laws this is regulated, and which considerations preceded these laws. I then compare the situation in Sweden with that in two socioeconomically similar countries – Norway and England – where the legislation regarding DNA-profiling and DNA registries in essence is the same as in Sweden. However, some aspects of DNA-profiling and registration are more far-reaching in England. Finally, I discuss how the increasing use of DNA technology in the judicial system of Western countries fits with the sociological theory that claims that the view on how to fight crime has changed during the last few decades. According to this model, fewer resources are now spent on managing the socio-economical causes of crime, the focus instead being shifted to improving methods for identifying and convicting criminals. However, with such a view, emphasizing surveillance instead of profylaxis, there is a non-negligible risk that an expanding set of crimes will become subject to DNA profiling with an accompanying intrusion on personal integrity.

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