Hello Carpenter Cousins!
This is regarding the news release from
FTDNA.com. See:
https://www.prnewswire.com/news-releases/familytreedna--connecting-famili...
This press release formalizes FTDNA assistance to Law Enforcement.
For more formal statements from a few DNA testing companies, please see:
https://www.ancestry.com/cs/legal/lawenforcement
https://www.23andme.com/law-enforcement-guide/
https://www.familytreedna.com/legal/law-enforcement-guide
The following information may be helpful for some.
Law Enforcement Departments (FBI & local police in the USA and Scotland Yard in
England for example) have been using state, federal, semi-private and private libraries
for more than 150 years. They use these for tire impressions, paint analyst, chemical
analyst and comparing this and that to help solve crimes.
This includes private and semi-private libraries (aka databases) that include animal DNA,
plant DNA and even DNA from mold samples. For example, individual trees can be
distinguished just like all animals. Yes, criminal forensics uses what is out there to
help solve criminal puzzles in a scientific manner.
What most people do not understand that this type of evidence does not only support a
conviction, it also clears many many more suspects of the crime.
In any crime, as the evidence is gathered, suspects are considered. This creates a suspect
list that may be hundreds or thousands of names long. Most people, including law
enforcement officers, never realize they have been on a suspect list. Some are easily
excluded and others may be questioned in one way or the other.
I was once a suspect (on the suspect list) in a murder case. Why? Because I owned a 9mm
handgun and lived in the same complex where the crime was committed. I also had previous
contact with the victim. I was contacted by a detective regarding this crime.
Understanding the process, because I was then in Law Enforcement myself, I provided the
detective the who, what, where, how and why of where I was during the time period asked
about. I provided information that the detective needed (I was working with that weapon
with me) and I was not offended that he double checked my statement. I was later (most
likely!) taken off the suspect list.
Through forensic evidence and careful analysis using a multiple check re-check process
logical conclusions can be reached and others removed from the suspect list. In time,
sometimes far longer than most people wish, the suspect list is exhausted. The evidence is
reviewed by a separate set of researchers often called detectives. With no arrests,
eventually the case is determined as unsolvable and becomes a cold case.
Over time, as technology improves, or new information that is verified comes in, a cold
case file is reviewed. The goal is the truth to find out who or whom did the crime.
For almost two decades, law enforcement has submitted DNA to private labs such as DNA
testing companies to help narrow down suspect lists. The courts in the USA has ruled
repeatedly that such use is no different than looking at paint chips or other evidence in
semi-public and private libraries to narrow down the suspect lists. Last year the US
Supreme Court ruled 5-4 in several cases supporting such. Current DNA cases in several US
States are procedural over steps taken to get from point A to B to C.
And it appears that the current European concerns over DNA are procedural also. How long
do they keep DNA samples and on whom for what, how and when databases are pruned, et
cetera.
There are many private organizations or businesses in the USA and around the world that
contract for not only for Law Enforcement but for defense attorneys and private
individuals in DNA use. There are private groups that help or try to help solve cold case
crimes also. Some focus on giving a name and identify to the unknowns we call Jane &
John Does here in the USA.
Regardless of who outside the law enforcement department supplies clues (including DNA
evidence) to help solve a crime, the evidence MUST BE reviewed and vetted. IF the
Detectives deem the case valid through an approved scientific and departmental procedure
THEN and only then is the case is turned over to the District Attorney office. They do
their own review and legal process to determine whether or not the case is convictable in
a court of law.
Some where in this process a suspect may be arrested for the criminal act. THEN AND ONLY
THEN does the formal DNA test is done. The formal DNA process is one acceptable from start
to finish via chain of custody and meeting legal standards previously approved and
accepted. IT IS THAT FORMAL DNA TEST that will convict the person in a Court of Law.
The big difference is direct primary evidence verses secondary or supporting evidence.
Most genealogists understand the difference. Many lineage societies require three levels
or points of primary documentation. In genetic genealogy DNA tests may support via
indirect evidence but it will never be direct evidence.
Yes, while DNA profiles in private or semi-private databases may help narrow down the
suspect list THEY CAN NOT CONVICT ANYONE.
In the legal system, the Court requires direct evidence such as the formal DNA test
described above. Whether the crime is murder or non-support by a biological parent a court
approved process MUST BE FOLLOWED.
Again, IT IS THAT FORMAL DNA TEST that will convict the person in a Court of Law.
In genetic genealogy testing, if you do not want your name or DNA results in the system
then you can have them removed. FTDNA since 2000 has removed DNA samples, DNA profiles
and private information from their system. ALL current DNA testing companies have had this
option way before the European GDPR went into effect in 2018.
I suggest that people who find the sharing of genetic genealogy results objectionable to
anyone – including Law Enforcement – remove themselves or privatize the personal data
submitted.
REMEMBER - You have the right to erase yourself from the DNA testing companies databases.
In the Carpenter Cousins Y-DNA (surname) Project, we have had only one person who
requested specifically their FTDNA kit number be removed and their Y-DNA marker profile
removed from the project web pages under GDPR. But in the past, we have helped others with
privacy issues. We have 77 people on our lineage page listed as Living to protect their
privacy. All others use a code ID to protect privacy.
I am happy to answer questions or concerns off list. Send me an email at:
jrcrin001(a)gmail.com
I wish all of you the best.
John R. Carpenter
La Mesa, CA USA
Carpenter Cousins Project - Our main support page!
https://carpentercousins.com