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Full-Text Articles in Legal Studies

Bracketing Off Population Does Not Advance Ethical Reflection On Evcs: A Reply To Kayser And Schneider, Amade M'Charek, Victor Toom, Barbara Prainsack Jan 2012

Bracketing Off Population Does Not Advance Ethical Reflection On Evcs: A Reply To Kayser And Schneider, Amade M'Charek, Victor Toom, Barbara Prainsack

victor toom

In a recent contribution to this journal, Kayser and Schneider reviewed the relevance of external visible characteristics (EVCs) for criminal investigation. Their aim was to broaden the debate about the scientific, legal, and ethical dimensions of the use of EVCs for criminal investigation, which will help to achieve a firm legal basis for the application of EVCs eventually. While we applaud Kayser’s and Schneider’s overall very thoughtful and nuanced discussion of this topic, we were surprised to read that they suggest that a discussion of ‘the challenges of using problematic definitions of populations [. . .] has to be kept …


A Comment On The Hill–Turney Exchange: From Normative Antagonism To Interdisciplinary Collaboration, Martin Evison, Eleanor Graham, Erica Haimes, Jackie L Scully, Anika Ludwig, Chris Maguire, Victor Toom, Robin Williams Jan 2012

A Comment On The Hill–Turney Exchange: From Normative Antagonism To Interdisciplinary Collaboration, Martin Evison, Eleanor Graham, Erica Haimes, Jackie L Scully, Anika Ludwig, Chris Maguire, Victor Toom, Robin Williams

victor toom

A recent issue of NG&S included an exchange between Hill (2011) and Turney (2011) discussing an earlier paper on the use of DNA identification in the Australian bush fires disaster of 2009 (Turney, 2010). An editor’s introduction to the exchange solicited further observations on the issues raised by the two participants (Glasner, 2011). What follows is a response to that solicitation. It has been written jointly by individuals from a wide range of disciplinary backgrounds (including forensic genetics, forensic anthropology, sociology, bioethics, and science & technology studies) located within two research centres (the Northumbria University Centre for Forensic Science (NCUFS); …


Forensic Dna Databases In England And The Netherlands: Governance, Structure And Performance Compared, Victor Toom Jan 2012

Forensic Dna Databases In England And The Netherlands: Governance, Structure And Performance Compared, Victor Toom

victor toom

How do liberal democracies govern forensic DNA databasing? That is the question being asked in this contribution by focusing on the rules for inclusion of samples/profiles in DNA databases in England and Wales and the Netherlands. The two different modes of governance shall be evaluated by taking into account models and ideas in each society regarding the two imperatives of “crime control” and “due process.” Another question tentatively examined in this contribution is how these modes of governance impact on the performance of national DNA databases. The analysis provided in this article argues that, when compared with the English and …