Forensic DNA analysis and legislative provisions: Balancing rights in a time of scientific advancement

Abstract

This article considers the historical development of DNA-related forensic procedures legislation in Australian jurisdictions from a critical forensic studies lens. It shows that the original intent of such legislation was to balance society’s need for effective crime control against certain rights of the individual, such as privacy and bodily integrity, and the rights of a suspect to due process. The article documents how the initial legislative intent has been eroded. This has occurred because, in conjunction with the continued development of DNA techniques, the use of forensic DNA data has been routinised. The current legislation focuses too much on crime control, while consideration of the suspect's right to privacy, dignity and honour, as required by the initial legislation, has decreased in relative importance.