Bracketing off population does not advance ethical reflection on EVCs: A reply to Kayser and Schneider

M’charek, Amade; Toom, Victor; Prainsack, Barbara

doi:10.1016/j.fsigen.2010.12.012

Cited by 33 publications

(23 citation statements)

References 14 publications

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“…If we take into account the targeted markers (e.g., ethnic descent, skin, hair color, facial characteristics) it is obvious that race is at the heart of the inference of visible traits (e.g., Ossorio ; M'charek ; Sankar ; M'charek et al ). Yet, since biological race was almost an anathema at that time (2003), it is mildly surprising to find this concept in the Dutch Criminal Code.…”

Section: Forensic Dna Practice: Racializing the Suspectmentioning

confidence: 99%

BEYOND FACT OR FICTION: On the Materiality of Race in Practice

M’charek

2013

Cultural Anthropology

233

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As John Hartigan (2008) has put it, race "is gaining in reality." This article takes stock of a growing corpus of literature on race and the "molecularization" of difference (Duster 2005; Fullwiley 2007), showing how the new genetics has simultaneously reified old categories of race and produced novel configurations of differences (Reardon 2005; M'charek 2008; Nash 2005; Abu El-Haj 2007; Fullwiley 2007; Montoya 2007). Sparked by ongoing genomic research, I contribute to the debate on race as either a biological fact or a social construction (Palmié 2007; Koenig, Lee, and Richardson 2008; Hartigan 2009), rephrasing the problem in terms of fact versus fiction.This allows me to go beyond the binary distinction between the biological and the social, not by claiming that race contains a bit of both solid biology/fact and construction/fiction, but by showing that race is a relational object. The so-called biology of race is an emergent configuration of a variety of relations that go well beyond the somatic body. Looking at race in this way shows that first, the boundary between the "biological" and the "social" is not given or stable but one that is enacted in practices. Second, and in line with this, facts and fictions themselves are not pregiven entities. Depending on the practice considered, a previous fact might become a fiction and vice versa. To be sure, as James Clifford (1986) argues, fiction has lost its connotation of falsehood. Fictions are "partial truths," referring crucially to something both made and made up. Facts and how they are made enjoy ongoing attention in anthropology (of science) and science and technology studies (STS) while fictions are neglected.

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Section: Forensic Dna Practice: Racializing the Suspectmentioning

confidence: 99%

BEYOND FACT OR FICTION: On the Materiality of Race in Practice

M’charek

2013

Cultural Anthropology

233

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“…In addition, the act of revealing that a certain criminal suspect is from a racial or ethnic minority might further compound discriminatory practices against already vulnerable groups. Forensic DNA phenotyping might, thus, present a risk of renewing existing forms of stigmatization and creating new forms of racial profiling that further exacerbate the criminalization of certain groups, which are already the most affected by the actions of the criminal justice system, such as racial and ethnic minorities (M'charek, Toom, & Prainsack, 2012).…”

Section: Forensic Dna Phenotypingmentioning

confidence: 99%

Emerging DNA Technologies and Stigmatization

Machado

Granja

2020

Forensic Genetics in the Governance of Crime

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Despite their consolidated role in providing evidence for criminal justice, DNA technologies have been subjected to continuous investment that has given rise to the emergence of new DNA technologies. This chapter will focus on such innovations, explaining how forensic genetics is increasingly expanding its role in the criminal justice system. Recent technologies such as familial searching and forensic DNA phenotyping might help to generate intelligence for criminal investigations. Familial searching is a technology that attempts to identify criminal suspects through their genetic connection with relatives. Forensic DNA phenotyping makes it possible to focus on a particular suspect group that shares genetic ancestry and/or externally visible characteristics. The chapter critically reviews the existing debate in the field of social sciences about emerging DNA technologies. The core argument is that the application of DNA phenotyping and familial searching in the governance of crime holds the potential to increase risks of stigmatization and reinforce the criminalization of certain populations who are more vulnerable to the actions of the criminal justice system.

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“…Implementation of these into casework is still problematic, and there continues to be extensive disquiet in the wider judicial community about the ethical and legal implications of these applications (Koops and Maurice, 2008), in particular the potential for misapplication as a “racial profiling” tool. (M’charek et al, 2012) contend that “ …questions about defining populations … and the application of EVCs in criminal investigation – lie at the core of most social, ethical, and legal issues raised by the translation of EVCs into forensic and police practices .” There are also more practical challenges that limit the adoption of these genetic technologies such as the availability of a stable technological product (akin to the commercially produced equivalents in routine use), the level of understanding within mainstream forensic institutions of deeper scientific and bio-ethical issues, an operational framework where such applications can be effective in delivering technical intelligence to investigators, and the capacity of forensic experts to articulate and advocate issues that impact the effectiveness of the applications.…”

Section: Predicting Phenotypic Characteristics Of Specimen Donormentioning

confidence: 99%

The nucleic acid revolution continues â€“ will forensic biology become forensic molecular biology?

2014

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Molecular biology has evolved far beyond that which could have been predicted at the time DNA identity testing was established. Indeed we should now perhaps be referring to “forensic molecular biology.” Aside from DNA’s established role in identifying the “who” in crime investigations, other developments in medical and developmental molecular biology are now ripe for application to forensic challenges. The impact of DNA methylation and other post-fertilization DNA modifications, plus the emerging role of small RNAs in the control of gene expression, is re-writing our understanding of human biology. It is apparent that these emerging technologies will expand forensic molecular biology to allow for inferences about “when” a crime took place and “what” took place. However, just as the introduction of DNA identity testing engendered many challenges, so the expansion of molecular biology into these domains will raise again the issues of scientific validity, interpretation, probative value, and infringement of personal liberties. This Commentary ponders some of these emerging issues, and presents some ideas on how they will affect the conduct of forensic molecular biology in the foreseeable future.

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Bracketing off population does not advance ethical reflection on EVCs: A reply to Kayser and Schneider

Cited by 33 publications

References 14 publications

BEYOND FACT OR FICTION: On the Materiality of Race in Practice

BEYOND FACT OR FICTION: On the Materiality of Race in Practice

Emerging DNA Technologies and Stigmatization

The nucleic acid revolution continues â€“ will forensic biology become forensic molecular biology?

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