
There was an interesting and disturbing article in Sunday's Washington Post about the increasing use of DNA to predict a person's future behavior or life possibilities (e.g., longevity) in court. The article said that, "... defense attorneys are asking judges to admit test results suggesting that their clients have a genetic predisposition for violent or impulsive behavior, adding a potential 'DNA defense' to a legal system that until now has held virtually everyone accountable for their actions except the insane or mentally retarded."
The article goes on, "Some gene tests are even being touted for their capacity to help judges predict the likelihood that a convict, if released, will break the law again -- a measure of 'future dangerousness' that raises questions about how far courts can go to abort crimes that have not yet been committed."
In addition, courts are being asked to reduce or increase civil awards because a person's DNA make them genetically disposed to certain diseases. For example, "In once case, a mother sued a doctor and a hospital, claiming that negligence during her labor and delivery caused her daughter permanent brain injuries. A geneticist suspected that the girl had Angelman syndrome, a rare disease caused by a defective chromosome. The trial court ordered a DNA test, but the mother refused, resulting in her not only losing the case but also being held in civil contempt."
While it may take a while, the article suggests that courts may in the future routinely allow a person's DNA to "testify" about them - for good and bad.
That potential trend creates a set of risks that haven't been fully addressed by governments engaged in creating DNA databases of its citizens. The UK has been actively involved in creating DNA databases, and there are some there who are advocating that every person's DNA be recorded in it.
The US government has just changed its policy to collect DNA not only on those convicted of a federal crime, but also arrested for a felony (in the UK anyone arrested can have their DNA collected). Thirteen states already do so now and turn the data over to the government, and many others are considering following suit.
Anyone care to speculate on how long it will be before some government decides to use their DNA database to identify people prone to "future dangerousness?"
And if they do, will they require them to wear some sort of brain-activity box which will indicate when they are contemplating something the government dislikes?
Like bloggers who ask these types of questions?
