The Creation of a National DNA Database for Forensic Evidence in Criminal Justice

Abstract

The research aims 1) to study laws, DNA data storage authority and criterion, and a National DNA database creation in England, the United States, and the People's Republic of China, 2) to study legal problems that were obstacles to creating a National DNA database for forensic evidence in criminal justice, and 3) to propose the creation of a National DNA database for forensic evidence in criminal justice. This research is legal research with qualitative research and documentary research by studying data from academic articles, journals, academic documents, research, and case examples related to laws, DNA data storage authority, DNA data storage criterion, and the manipulation of National DNA database in England, the United States, and the People's Republic of China.

It found three proposals for creating a National DNA database: 1) DNA data storage authorization: prioritize protecting individual rights and freedoms as much as the state's interest in effectively maintaining national security and law enforcement. 2) DNA data storage criterion: This is because collecting DNA from the body inevitably affects privacy rights. Therefore, if it is considered that storing DNA from a person's body only slightly affects the person’s rights and freedoms more than the state’s benefit, it is more limited to creating a DNA database for forensic evidence in criminal justice. 3) National DNA database creation: improving the act to establish authority, duties, and criteria. Moreover, it allocates man, money, materials, and management to be ready and sufficient for successful operations.