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The FBI's Forensic DNA Analysis Program

by Jay V. Miller

THE FBI'S FORENSIC DNA ANALYSIS PROGRAM

By

Jay V. Miller Program Manager National DNA Index at FBI Headquarters Washington, DC.

DNA testing is one of the most significant breakthroughs in forensic science. Applying DNA technology to the identification of individual biological specimens gives crime laboratories and law enforcement a new tool for resolving violent crimes and sex offenses.

The FBI's DNA program covers four basic areas--DNA casework, technical assistance, the National DNA Index, and DNA research. This article updates the FBI's progress in these areas and highlights the need for uniform testing methods as DNA technology becomes more widespread.

DNA CASEWORK

The FBI Laboratory, which began conducting forensic casework in 1988, is now the principal provider of forensic DNA testing services in the Nation. The Lab receives DNA cases from law enforcement agencies throughout the country, conducting more forensic DNA examinations than all other public and private forensic laboratories combined.

The demand for forensic DNA typing continues to grow as the technique gains judicial acceptance. Since 1988, DNA examiners from the FBI Laboratory have testified in over 120 trials and admissibility hearings throughout the United States. (1) Of the approximately 2,000 DNA cases submitted annually to the FBI Laboratory's DNA Unit, about two-thirds are for rape investigations and the remaining one-third involve murder or other violent crimes. Most cases submitted to the Laboratory for DNA typing (or profiling) cannot be conclusively resolved using traditional forensic tests for blood or semen. However, the results of DNA typing can be used to associate biological evidence found at crime scenes with specific individuals, or to exclude suspects.

About 75 percent of the DNA cases examined by the FBI Laboratory yield sufficient interpretable information to determine conclusively whether the evidence can be associated with the subject in question or whether the subject can be excluded from consideration. Significantly, about one-third of the examinations performed by the FBI's DNA Unit have excluded the suspect identified by the submitting law enforcement agency as the source of the biological evidence collected from the crime scene.

TRAINING, STANDARDS, AND TECHNICAL ASSISTANCE

The FBI Laboratory conducts DNA training and research at the Forensic Science Research and Training Center (FSRTC) located at the FBI Academy in Quantico, Virginia. The FSRTC is the focus of the FBI's efforts to provide a full range of technical assistance to State and local crime labs working to implement DNA testing.

The FSRTC provides classroom and laboratory training in DNA analysis methods, works to develop national standards and guidelines for DNA testing, conducts technical seminars, and sponsors the Visiting Scientist Program. The FBI Laboratory has been working aggressively to educate State and local crime lab personnel on DNA analysis techniques and to promote a standardized approach for DNA testing.

Training

Since 1989, the FSRTC has conducted 10, 4-week DNA courses to train over 270 forensic scientists from State and local laboratories. In addition, the FSRTC has trained 29 forensic technicians from 12 foreign countries.

Following each DNA course, a few graduates remain for an additional 3 months as "visiting scientists" at the FSRTC. Visiting scientists work with the FBI's researchers to refine existing DNA analysis methods and to assist in the research and validation of new techniques. A total of 29 forensic scientists from 26 law enforcement agencies have participated in this program.

In addition, a 1-week course on how to present expert testimony in court for DNA cases is currently being developed for State and local DNA examiners. And, the FSRTC frequently hosts conferences on technical and legal issues concerning DNA.

Standards

As a Federal agency, the FBI is in a unique position to provide leadership in developing national standards for forensic DNA testing. Still, the cooperation and assistance of law enforcement officials at State and local levels is necessary to create a national system.

Toward that end, the FBI Laboratory sponsors the Technical Working Group on DNA Analysis Methods (TWGDAM), which provides a forum for crime laboratories to discuss and exchange technical information on DNA testing. The TWGDAM committee was established as a cooperative effort to formulate standards and guidelines for forensic DNA laboratories.

TWGDAM is comprised of scientists from industry, forensic laboratories, and the academic community, who meet several times each year. In its effort to build consensus and to define guidelines for DNA laboratories, quality assurance guidelines for forensic DNA testing and guidelines for DNA proficiency testing were subsequently published by TWGDAM. Adherence to these guidelines is often considered by courts to be a major factor in determining the admissibility of DNA test results as forensic evidence. And, in April 1991, TWGDAM revised and expanded these guidelines, in anticipation of the next generation of DNA technology.

Currently, 13 State and local crime labs are performing forensic DNA analysis according to FBI protocol. Most of these laboratories are members of the TWGDAM committee. An additional 8 to 10 laboratories will begin performing DNA casework based on the FBI protocol by the end of 1991.

Technical Assistance

A survey conducted by the FBI Laboratory in 1990 measured the plans and attitudes of State and local crime laboratory directors regarding DNA testing. The survey found overwhelming support for the FBI's efforts in conducting research on DNA analysis methods, training State and local DNA examiners, and maintaining centralized files for a national DNA data base. In addition, the survey revealed support for the FBI Laboratory's efforts to develop and provide DNA-related software and automation tools to help State and local crime laboratories establish their own DNA testing capabilities.

The FBI Laboratory works closely with the law enforcement community to advise on policy issues affecting forensic DNA testing. The National Association of Attorneys General, the National District Attorneys Association, and the American Society of Crime Laboratory Directors (ASCLD) have issued resolutions supporting the concept and the need for national DNA testing standards. In addition, ASCLD's Laboratory Accreditation Board adopted a resolution calling for the establishment of a Proficiency Testing Program for accredited laboratories.

The FBI also advises State legislatures considering legislation regarding DNA testing programs, admissibility of DNA evidence, and the establishment of State DNA data bases. And, the Laboratory frequently provides speakers to address conferences and seminars on forensic DNA testing.

NATIONAL DNA INDEX

The FBI is establishing a National DNA Index to enable crime laboratories to exchange DNA profiles for unknown subjects and convicted sex offenders. The index will assist agencies in developing investigative leads, since subjects can be searched against the file of convicted offenders. The index will also serve as a clearinghouse for DNA profiles, directing the querying crime laboratory to the source laboratory when there is a "hit" in the index.

The FBI is developing computer software to automate the functions of forensic DNA laboratories and to link State and local laboratories to the national system. (2) The software will be provided free to crime laboratories participating in the National DNA Index.

The system is being designed to ensure privacy and security. Rather than store criminal history information, the index will store only DNA profiles. When a match is made, the two crime laboratories involved (the one conducting the query and the one that originally submitted the matching profile) can then exchange detailed technical information to verify the match and to coordinate information flow between the respective investigating agencies. However, in order to guarantee an effective system and to ensure that results are comparable, all crime laboratories must use substantially the same methods for DNA testing.

The FBI is working with 10 pilot DNA laboratories (in the 7 cooperating States) to gauge the feasibility and operational requirements of the National DNA Index system. Testing the basic means for exchanging DNA profiles among laboratories will soon be complete, and a full test of the National DNA Index in the pilot laboratories should occur in 1992.

The FBI will safeguard DNA profiles stored in the national system in three major ways.

1) The system will be designed and tested to protect against unauthorized access. Only crime laboratories that are part of duly constituted law enforcement agencies will have authorized access to the national system.

2) Personal identifying information stored in the national data base will be minimized, thus affording greater protection against unauthorized access that could yield the DNA profile for a particular individual. Only the numerical form of the DNA profile will be stored in the national index.

3) The FBI Laboratory is working with the National Crime Information Center (NCIC) to incorporate proven security concepts and procedures from the NCIC system into the design and implementation of National DNA Index.

DNA RESEARCH

The FSRTC continually works to develop new forensic DNA technology. The Laboratory recently began research to develop the next generation of forensic DNA analysis methods. This new generation will be based on the polymerase chain reaction (PCR), a technique that multiplies the quantity of DNA material obtained from crime scenes to a level sufficient for forensic analysis. DNA tests based on PCR will allow analysis of much smaller specimens than is currently possible and will also provide crime laboratories with a more rapid way of identifying biological evidence from violent crimes.

CONCLUSION

DNA profiling may be the most significant breakthrough in forensic science since the development of fingerprinting. The FBI is working closely with State and local crime laboratories to enhance DNA profiling techniques and to establish a National DNA Index. To ensure an effective and secure system, the FBI Laboratory is fostering a uniform approach to DNA testing and profiling. This will eventually allow crime laboratories to exchange DNA profiles for known sex offenders and other violent criminals, providing a valuable new weapon for both investigators and prosecutors.

FOOTNOTES

(1) As with all types of forensic examinations provided by the FBI Laboratory, DNA analysis is free to any duly constituted law enforcement agency. In addition, the requesting agencies do not incur any travel expenses for DNA examiners who must testify in court.

(2) Arizona, California, Colorado, Florida, Illinois, Iowa, Michigan, Minnesota, Nevada, South Dakota, Virginia, and Washington have passed laws requiring the establishment of DNA data bases for convicted sex offenders or violent criminals.

 
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