The Use of DNA Phenotyping in Crime Investigation: Forensic and Ethical Aspects

Although it has been two decades since a serial killer and rapist D.T. Lee was arrested thanks to successful DNA phenotyping, this method has not yet found its due practical application and is only used in some countries in spite of the fact that many publications call DNA phenotyping “a revolution in criminalistics”. The key constraint for the active use of DNA phenotyping is that it is viewed as unacceptable by a part of the society because of its alleged violation of citizens’ rights and ethical norms. The first objections to the application of DNA phenotyping were voiced immediately after the incrimination and conviction of dark-skinned D.T. Lee, linking them to racism. Other objections referred to a low validity of the obtained information, especially in reconstructing the morphology of an unidentified person who committed a crime. However, a considerable number of visible external features, such as the color of hair and eyes, their shape, skin pigmentation, a tendency to baldness, graying and some other characteristics, including an approximate age, can be defined rather accurately. It is surprising that facial composites, created on the basis of eye-witnesses’ evidence and also lacking in portrait resemblance, do not come in for such criticism. It is even more surprising that the main phenotype feature — a person’s sex — does not provoke rejection from the human rights’ activists radically opposing any other DNA phenotyping, which is a vivid testimony to the unsubstantiated character of many objections. It should be noted that there are some justified objections, for example, a demand to exclude from the analysis those features that are not visible, specifically, genetically determined illnesses or a propensity for them. A survey conducted in a number of European countries showed the existence of radically different viewpoints — from a total rejection of DNA phenotyping to the support of its wide use. The supporters of using DNA phenotyping think that criminals should have much fewer rights than law-abiding citizens. Besides, the law enforcement bodies should use all possible means to identify and detain perpetrators, and should have an opportunity to restore the appearance of victims from their skeletal remains, which will help to solve old crimes. In order to put DNA phenotyping into practice, it is necessary to create awareness and show the unsubstantiated character of ethical problems, including those connected with personal information.