Van individuele verdenking naar verdachte families en populaties: het wegen van nieuwe forensische DNA-technieken [From individual suspicion to suspect families and population: assessing new forensic DNA technologies]
by Victor Toom
Victor Toom and Amade M’charek (2011), ‘Van individuele verdenking naar verdachte families en populaties: het wegen van nieuwe forensische DNA-technieken [From individual suspicion to suspect families and population: assessing new forensic DNA technologies]’, Nederlands Juristenblad, 86(3): 142-148.
External visible characteristics and familial searching are becoming prominent investigative forensic technologies for... more
External visible characteristics and familial searching are becoming prominent investigative forensic technologies for policing purposes. As such, these genetic technologies promise to contribute to judicial truth and hence to justice. At the same time, both technologies produce new kinds of ‘suspect’ or ‘interesting’ persons. The question being asked in this contribution what vocabulary we need in attempting to balance the use of these technologies against infringements of civil rights and legal principles of these newly produced categories.
PDF can also be downloaded here: http://dare.uva.nl/record/382724
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Seen by:Toom, Victor. 2012. "Bodies of science and law: forensic DNA profiling, biological bodies and biopower." Journal of Law and Society 39(1):150-66.
by NUCFS - Centre for Forensic Science
The paper is part of the Special Issue 'Material Worlds: Intersections of Law, Science, Technology, and Society', edited by Chris Lawless and Alex Faulkner.
How is jurisdiction transferred from an individual’s biological body to agents of power such as the police, public... more How is jurisdiction transferred from an individual’s biological body to agents of power such as the police, public prosecutor and judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analyzing bodies situated at the intersection of science and law. More specifically, the transformation of ‘private bodies’ into ‘public bodies’ shall be analyzed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various ‘forensic genetic practices’ enact different ‘forensic genetic bodies’. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies’ ‘normative registers’.
Evison, M., Graham, E., Haimes, E., Leach Scully, J., Ludwig, A., Maguire, C., et al. (2012). A comment on the Hill–Turney exchange: from normative antagonism to interdisciplinary collaboration. New Genetics and Society, 1-6.
by NUCFS - Centre for Forensic Science
A recent issue of NG&S included an exchange between forensic odontologist Anthony Hill (2011) and social scientist... more A recent issue of NG&S included an exchange between forensic odontologist Anthony Hill (2011) and social scientist Lyn Turney (2011) discussing an earlier paper on the use of DNA identification in the Australian bush fires disaster of 2009 (Turney, 2010). An editor’s introduction to the exchange solicited further observations on the issues raised by the two participants (Glasner, 2011). What follows is a response to that solicitation. It has been written jointly by individuals from a wide range of disciplinary backgrounds (including forensic genetics, forensic anthropology, sociology, bioethics, and science & technology studies) located within two research centres (the Northumbria University Centre for Forensic Science (NCUFS); the Policy, Ethics and Life Sciences Research Centre at Newcastle University (PEALS)). We currently collaborate on a range of research topics including the uses of the life sciences for Disaster Victim Identification (DVI) . Some of us have worked as scientists commissioned by the UK Government and other agencies in response to particular disasters; others of us have an interest in the formation of policy and in the uses of science and technology as they affect a range of social goods including health, justice and security.
Palaeolithic Continuity Refugium Theory: A New Approach to the Linguistic Prehistory of Europe. Azken Glaziazio Handiko Babeslekua eta Euskara. Bergara, 2011-10-19
by Roslyn Frank
The following .pdf is a copy of the Power Point presentation that I gave on October 19, 2011, in the Irizar Jauregiko Aretoa, Bergara, Euskal Herria. It is a bilingual presentation. Its title in Basque is Azken Glaziazio Handiko Babeslekua eta Euskara while in Spanish it is “El Refugio de la Última Glaciación y el Euskara”. And the English translation would be “The Last Glacial Maximum: The Franco-Cantabrian Refuge and the Basque Language”.
The talk is an overview of the data, genetic, archaeological and linguistic, which support the Paleolithic Continuity... more
The talk is an overview of the data, genetic, archaeological and linguistic, which support the Paleolithic Continuity Refuguim Theory (PCRT) of European prehistory. More specifically, based on the findings of genetics (studies of Y-chromosome and mtDNA), the following hypothesis has been brought forward for testing. It argues that during the Last Glacial Maximum (LGM), the hunter-gatherers of Europe retreated to the south of Europe, settling into three refugia, one in the Balkans, one in the Ukraine and a third in the Franco-Cantabrian zone, a geographic location where the Basque people and their language have survived.
According to the results of various teams of geneticists, at the end of the LGM along with the warming of the climate that ensued, the hunter-gatherers inhabiting this refuge slowly moved north and westward to take advantage of the food resources in the newly opened territories. Studies of Basque DNA (paternally transmitted Y-chromosome and maternally transmitted mtDNA) have shown significant similarities between Basques and populations inhabiting present and former Celtic-speaking zones along the Atlantic Façade. Furthermore, various haplogroups found among the Basques show up in other populations of European descent, leading the geneticists to argue that this situation might best be explained by positing out-migration from this zone over a period of several thousands of years, starting at the end of the LGM.
Moreover, it follows that members of Basque-speaking population of this zone might well trace their descent from the same populations that began to move out of this geographical region as the ice sheets retreated.
In 2006, a multidisciplinary team of researchers –composed of geographers, archaeologists and geneticists, namely, Dr. William Davies, Dr. Paul Pettitt, Dr. Lee Hazelwood and Dr. Martin Richards coordinated by Dr. Clive Gamble– described the situation this way:
“A major population expansion occurred in Western Europe during the Late Glacial (15-11.5ka CAL PB) as the OIS2 ice sheets retreated and unglaciated areas in the north became available for re-settlement. Phlylogeographic analysis using molecular evidence assigns 60% of the European mitochondrial DNA lineages (Richards et al. 2000), and an even higher proportion of West European Y-chromosome lineages (Semino et al. 2000), to a population bottleneck prior to an expansion from southwest to northern Europe (Torroni et al. 1998; Torroni et al. 2001; Achilli et al. 2004; Rootsi et al. 2004; Pereira et al. 2005)” (Gamble et al. 2006: 1-2).
The key question posed by the research concerns the language that was being spoken by the hunter-gatherer populations when they moved out of this refuge. Gamble et al. was the first team of researchers to pose this question explicitly:
“The growing evidence that the major signal in European genetic lineages predates the Neolithic, however, creates serious problems for the agriculturalist perspective. If western Europe was, to a large extent, repopulated from northeast Iberia [Franco-Cantabrian zone] then, since place-name evidence suggests that people in this source region spoke languages related to Basque before the advent of Indo-European, the obvious corollary would seem to be that the expanding human groups should have been Basque speakers” (Gamble et al. 2005: 209).
The presentation lays out the methodology has been developed to test the validity of the corollary that Gamble et al. set forth in 2005. The latter section of the .pdf discusses the methodology and applies it to a concrete data set. The approach is a comparative one. It takes morpho-syntactic elements classified as Proto-Indo-European and compares them to what appear to be their counterparts in Euskara. Tests are then applied to determine the nature of the lineage of the two sets of morphemes in question. The PIE elements are ones recognized as common across IE languages and, therefore, as constituting the most archaic strata of these languages. However, until now IE research model has not sought to explain the origin of the elements themselves.
Keeping in mind the results of the genetic studies cited above, the Basque language becomes a possible candidate for additional comparative work. Moreover, by focusing on reconstructing morphemic lineages, not languages, the PCRT approach to the data allows for a more fine-grained analysis of the linguistic evidence.
Selected Referencias:
• Achilli, A. et al. 2004. The molecular dissection of mtDNA haplogroup H confirms that the Franco-Cantabrian glacial refuge was a major source for the European gene pool. American Journal of Human Genetics 75 (5): 910-918.
• Brugmann, K 1891. A Comparative Grammar of the Indo-Germanic Languages. Vol. II. Morphology (Stem-formation and inflexion). Part 1. New York: B. Westermann & Co. http://books.google.com/books?id=eWsKAAAAIAAJ&printsec=frontcover&dq=brugmann+%22comparative+grammar+of+the+indo+germanic+languages%22#PPR2,M1
• Cardoso Martín, S. 2008. Diversidad del genoma mitocondrial en poblaciones autóctonas de la Cornisa Cantábrica: Huellas de la recolonización postglacial de Europa. Gasteiz: University of the Basque Country.
• Cardoso Martín, S. et al. 2011. The maternal legacy of Basques in Northern Navarre: New Insights into the Mitocondrial DNA diversity of the Franco-Cantabria Area. Journal of Physical Anthrpology 145 (3): 480-488.
• Dupanloup, I., et al. 2004. Estimating the impact of prehistoric admixture on the genome of Europeans. Molecular Biology and Evolution 21 (7): 1361-1372.
• Frank, R. M. 2008. Palaeolithic Continuity Refugium Theory (PCRT): Hamalau and its linguistic and cultural relatives. Part 1. Insula 4 (December): 61-131. Cagliari, Sardinia.
• Frank, R. M. in prep. Rethinking the Linguistic Landscape of Europe: The Indo-European "Homeland" in light of Palaeolithic Continuity Refugium Theory (PCRT).
• Gamble, C. et al. 2005. The archaeological and genetic foundations of the European population during the Late Glacial: Implications for 'agricultural thinking'. Cambridge Archaeological Journal 15 (2): 193-223.
• Gamble, C. et al. 2006. The Late Glacial ancestry of Europeans: Combining genetic and archaeological evidence. Documenta Praehistorica 33: 1-10. http://arheologija.ff.uni-lj.si/documenta/pdf33/gamble33.pdf.
• Haspelmath, M. 2007. Pre-established categories don't exist: Consequences for language description and typology. Linguistic Typology 11 (1): 119-132.
• Haspelmath, M. 2010. Comparative concepts and descriptive categories in cross-linguistic studies. Language 86 (3): 663-687.
• Oppenheimer, S. 2006. The Origins of the British - A Genetic Detective Story. Constable and Robinson.
• Tovar A. 1954. El sufijo -ko: Indoeuropeo y circumindoeuropeo. Archivo glottologico italiano 39: 56-64.
• Tovar A. 1970a. The Basque language and the Indo-European spread to the West. In: George Cardona (ed.), Papers Presented at the Third Indo-European Conference at the University of Pennsylvania: Indo-European and Indo-Europeans, 267-278. Philadelphia, Pennsylvania: University of Pennsylvania Press.
• Torroni, A., et al. 2001. A signal, from human mtDNA, of postglacial recolonization in Europe. American Journal of Human Genetics. 69:844-852.
• Wilson, J. et al. 2001. Genetic evidence of different male and female roles during cultural transitions in the British Isles. Proceedings of the National Academy of Sciences, USA 98(9): 5078-5083.
Swinfield, CE, Graham, EAM, Nuttall, D, Maguire, S, Kemp, A and Rutty, GN. 2009 (2)1. The use of DNA stabilizing solution to enable room temperature storage and transportation of buccal and trace sample swabs. Forensic Science International: Genetics Supplement Series 2, 183–184
by NUCFS - Centre for Forensic Science
The Prüm regime: Situated dis/empowerment in transnational DNA profile exchange
by Victor Toom
Barbara Prainsack and Victor Toom (2010), ‘The Prüm regime: Situated dis/empowerment in transnational DNA profile exchange’, British Journal of Criminology, 50(6): 1117-1135.
This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analyzing... more
This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analyzing contemporary systems of surveillance as a starting point. We argue that core conceptual tools, in conjunction with an under-conceptualization of agency, privilege a focus on the oppressive elements of surveillance. This often yields unsatisfying insights to why surveillance works, for whom, and at whose costs. We discuss the so-called Prüm Decision, pertaining to transnational data exchange for forensic and police use in the EU, to illustrate how—by articulating instances of what we call ‘situated dis/empowerment’—agency can be better conceptualized, sharpening our gaze for the large extent to which the empowering and disempowering effects of surveillance depend on each other.
Key words: surveillance, forensic DNA technologies, Prüm Decision, situated dis/empowerment, European Union
Prainsack, B. and Toom, V. 2010. "The Prüm regime: Situated dis/empowerment in transnational DNA profile exchange." British Journal of Criminology 50: 1117-1135.
by NUCFS - Centre for Forensic Science
This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analysing... more This paper takes critique of surveillance studies scholars of the shortcomings of the panoptic model for analysing contemporary systems of surveillance as a starting point. We argue that core conceptual tools, in conjunction with an under-conceptualization of agency, privilege a focus on the oppressive elements of surveillance. This often yields unsatisfying insights to why surveillance works, for whom, and at whose costs. We discuss the so-called Prüm regime, pertaining to transnational data exchange for forensic and police use in the EU, to illustrate how—by articulating instances of what we call ‘situated dis/empowerment’—agency can be better conceptualized, sharpening our gaze for the large extent to which the empowering and disempowering effects of surveillance depend on each other.
McCartney, C., Wilson, T. J. and Williams, R. 2010. The Future of Forensic Bioinformation. London: Nuffield Foundation.
by NUCFS - Centre for Forensic Science
In this report it is attempted to systematically review the issues of DNA and fingerprint evidence, and the... more In this report it is attempted to systematically review the issues of DNA and fingerprint evidence, and the significance of international exchange, along with some inter-UK comparisons in order to consider a variety of technological claims and foreseeable developments. We also seek to illuminate the range of current and emerging governance issues that need to be addressed. In doing so we hope that this will prove to be a measured and disinterested, albeit modest, contribution to the debate about the future of bioinformation that has already been joined at Westminster, but – as we anticipate at the time of writing – is quite possibly likely to be resumed during the next Parliament.
McCartney, C., Wilson, T. J. and Williams, R. 2011. "Transnational exchange of forensic DNA: viability, legitimacy, and acceptability." European Journal on Criminal Policy and Research: DOI: 10.1007/s10610-10011-19154-y.
by NUCFS - Centre for Forensic Science
Forensic DNA profiling and databasing have become increasingly significant resources for criminal investigations in... more Forensic DNA profiling and databasing have become increasingly significant resources for criminal investigations in many jurisdictions. More recently, there have been attempts to recruit these technologies into the policing of cross-border organized crime, migration and terrorism. We examined the trajectory of one such attempt, the establishment and operationalisation of the Prüm Treaty within the European Union. We describe the way in which early technological considerations underlying DNA profile exchange, managed within law enforcement bureaucracies, have given way to a concern with broader societal issues and the necessity for a multifaceted scrutiny of this particular technolegal innovation. Central to this issue is the hybrid nature of exchange arrangements created as a result of the European Council Decision on Prüm (2008). The Prüm Treaty departs from the increasingly normalized framework for criminal justice cooperation, and at the same time, does not facilitate DNA exchange within a more traditional multinational instrument. We consider the significance and implications of the political decisions behind Prüm, as well as the consequences for the development of transnational DNA exchange in terms of three key issues: technical and scientific challenges (viability); legal challenges (legitimacy); and ethical and socioeconomic challenges (acceptability). Unless the Prüm structure is reformed, an important and promising initiative may remain encumbered with unresolved problems of legitimacy and acceptability. A lack of direct democratic involvement of many member states precluded the creation of consensus on issues such as privacy, data protection and due process issues, upon which legal and political regimes could then act.
M'charek, A., Toom, V. and Prainsack, B. 2011. "Bracketing off populations does not advance ethical reflection on EVCs." Forensic Science International: Genetics: doi:10.1016/j.fsigen.2010.1012.1012.
by NUCFS - Centre for Forensic Science
See also: Kayser, M. and Schneider, P. M. 2009. "DNA-based prediction of human externally visible characteristics in forensics: motivations, scientific challenges, and ethical considerations." Forensic Science International: Genetics 3: 154-161; Kayser, M. and Schneider, P. M. 2011. "Reply to "Bracketing off population does not advance ethical reflection on EVCs: A reply to Kayser and Schneider" by A. M'charek, V. Toom, and B. Prainsack." Forensic Science International: Genetics: DOI: 10.1016/j.fsigen.2011.1001.1007.
Toom, V. 2010. "Inquisitorial forensic DNA profiling in the Netherlands and the expansion of the forensic genetic body." in Hindmarsh, R. and Prainsack, B. (eds.), Genetic Suspects. Global Governance of Forensic DNA Profiling and Databasing. Cambridge: Cambridge University Press.
by NUCFS - Centre for Forensic Science
In Chapter 9 of the volume, Victor Toom describes how Dutch DNA profiling became governed through legal measures and... more In Chapter 9 of the volume, Victor Toom describes how Dutch DNA profiling became governed through legal measures and the inquisitorial orientation of the Dutch legal system. Second, he describes the trajectory – the lines of development – of Dutch DNA profiling practices, outlining who and what has been involved in DNA profiling. This account provides insight into the strategies employed by various stakeholders to deploy DNA profiling extensively and routinely in volume crimes and to apply DNA profiling in the process of crime investigations. Toom’s analysis contributes to the understanding of how current DNA profiling practices were realised in a country – the Netherlands – with what he refers to as an ‘inquisitorial legal orientation’, where judges and other involved jurists in legal cases act impartially. Finally, he highlights some implications for current directions in the governance of Dutch forensic DNA profiling practices, especially the view that broad and informed public debates need to better address and resolve the many issues arising with regard to forensic genetic bodies and the civic protection of genetic suspects.
No innocents in forensic DNA
by Victor Toom
Victor Toom (20 October 2011). No innocents in forensic DNA. Straits Times (Singapore Newspaper)
The blessings of forensic DNA profiling are numerous. Yet, the same technologies used for evidence and police... more The blessings of forensic DNA profiling are numerous. Yet, the same technologies used for evidence and police investigations pose social, legal and ethical challenges that go beyond the interest of the 'usual suspects' and law enforcement officials. So what are these challenges, and why does it matter for Singapore?
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The Relevance Between Dopamine D3 Receptor Gene Variations and Drug Addiction
published in "Forensic Science International: Genetics", 2009
Drug addiction is characterized by impairment of reward, compulsive behavior and inhibitory control deficits.... more Drug addiction is characterized by impairment of reward, compulsive behavior and inhibitory control deficits. Addiction genetic studies are focused on identifying the candidate genes responsible for the disease. However studies performed in different populations reveal different and sometimes conflicting results. In this study we aimed to determine the association of dopamine DRD3 receptor gene polymorphism and drug addiction in Turkish population. The patient group included 126 addicts diagnosed according to DSM IV criteria, from both sex with their age between 16-47. The results were compared to 100 individuals with no history of addiction. The gene frequencies were tested with Hardy-Weinberg equilibrium. Socio-demographic data including educational level, marital status and occupation were also evaluated. Most of the patients took part in this study were men (89%), married (42%), high school graduated (46.8%), and working at a private sector (28.2%). The ratio of the patients using more than one drug was 58.7%, whereas the mostly used drugs were respectively heroin (72.2%), hashish (51.6%) and cocaine (23.8%). The frequencies of A1 homozygote individuals were 46%, A1 and A2 heterozygotes were 41.6% and A2 homozygotes were 12.7%, while they were respectively 46%, 43% and 11% in controls. According to the overall results, no statistically significant difference in DRD3 polymorphism was observed between the patients and the control groups. There was a slight but significant association between DRD3 receptor gene and heroin addiction, which was found to be consistent with some of the literature.
A New Approach In the Identification of Degraded Paternity Samples
published in "Forensic Science International: Genetics", 2009
DNA extraction from bone becomes an important issue particularly in paternity cases when bones are the only remaining... more DNA extraction from bone becomes an important issue particularly in paternity cases when bones are the only remaining material to obtain and analyze DNA. The difficulties arising from bacterial damages, taphonomic factors and diagenesis might negatively effect primarily the extraction of DNA and the amplification. So this makes the laboratory procedure a hard and time-consuming process, and the analysis can fail. Thus analyzing mini-STRs is highly recommended in degraded samples. In this study a new extraction technique was carried on and mini-STRs were analyzed. The aim is to differentiate two genetically related skeletons found in the same familial grave for a further research of paternity test. Bone DNA was isolated using a silica based purification method developed in our laboratory. The quantity and quality of extracted DNA was checked by agarose gel electrophoresis. Following the concentration step for each sample, AmpFlSTR Minifiler PCR Amplification Kit was used. The PCR mix included AmpFlSTR Minifiler PCR master mix together with MgCl2, dNTP's, AmpFlSTR Minifiler Primer Set for 9 loci and AmpliTaq Gold DNA polymerase. The electrophoretic run and the analysis of the PCR products was carried out by ABI Prism 310 Genetic Analyser using positive and negative controls for every set of runs. The analysis revealed that this new extraction technique along with mini-STR analysis can properly be an effective way to obtain and analyze DNA in bones in the field of forensic sciences.
Forensic DNA databases in England & Wales and the Netherlands: governance, structure and performance compared
by Victor Toom
Toom, V. (in press 2012). Forensic DNA databases in England & Wales and the Netherlands: governance, structure and performance compared. New Genetics and Society, 31(3 (August)).
This paper is part of the special issue ‘Risky Profiles’ in New Genetics and Society, edited by: Torsten Heinemann, Thomas Lemke, Barbara Prainsack
How do liberal democracies govern forensic DNA databasing? That is the question being asked in this contribution by... more
How do liberal democracies govern forensic DNA databasing? That is the question being asked in this contribution by focussing on the rules for inclusion of DNA databases in England & Wales and the Netherlands. The two different modes of governance shall be evaluated by taking into account models and ideas in each society regarding the two imperatives of ‘crime control’ and ‘due process’. Another question tentatively examined in this contribution is how these modes of governance impact the performance of national DNA databases. The analysis provided in this article argues that, when compared with the English mode of governance, the Dutch mode of governance is more beneficial for the protection of individual rights and the effective use of resources.
Keywords: England and the Netherlands; forensic DNA databases; due process and crime control model; performance of DNA databases
Bodies of science and law: forensic DNA profiling, biological bodies and biopower
by Victor Toom
Toom, Victor. 2012. "Bodies of science and law: forensic DNA profiling, biological bodies and biopower." Journal of Law and Society 39(1):150-66.
The paper is part of the Special Issue 'Material Worlds: Intersections of Law, Science, Technology, and Society', edited by Chris Lawless and Alex Faulkner.
How is jurisdiction transferred from an individual’s biological body to agents of power such as the police, public... more
How is jurisdiction transferred from an individual’s biological body to agents of power such as the police, public prosecutor and judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analyzing bodies situated at the intersection of science and law. More specifically, the transformation of ‘private bodies’ into ‘public bodies’ shall be analyzed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various ‘forensic genetic practices’ enact different ‘forensic genetic bodies’. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies’ ‘normative registers’.
The pdf is freely available, click the Wiley button.
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