BIOINFORMATICS AND FORENSICS GENOMICS: EVIDENTIARY STANDARDS, ADMISSIBILITY, AND PRIVACY IMPLICATIONS IN CRIMINAL JUSTICE

Abstract

Tools of bioinformatics have transformed criminal investigations by harnessing genomic sequencing, typing analysis, and investigative genetic genealogy (IGG). The power of this modern-day technology allows accurate identification from extremely small biological samples, reopens old cases, and exonerates wrongfully convicted individuals. The application of this powerful science into our criminal justice systems poses unique concerns over evidence of admissibility, quality, and privacy.

The study explores bioinformatics pipelines for forensic DNA profiling and includes data analysis, variant calls, and probabilistic genotyping. Admissibility into legal jurisdictions such as the Daubert standard that federal courts use (testability, peer review, error rate, general acceptance), and Frye for general acceptance in many states is discussed. While the more traditional DNA profiling of STRs remains widely accepted, recent DNA technologies including IGG and whole genome sequencing come with more stringent acceptance issues due to a lack of validation and risk of error. Privacy is a significant issue as genomic information can reveal personal details and family members.

This brings up potential issues regarding searching for relatives of defendants, the role of consent in consumer-based databases such as GEDmatch, and the long-term storage of data within CODIS. Inadequate protections against data misuse and breach may facilitate unwanted surveillance or discrimination under GDPR and U.S. Constitutional privacy standards.

The paper proposes interdisciplinary solutions: standardized bioinformatics validation protocols, judicial training on genomic complexities, tiered data access policies, and ethical frameworks balancing investigative needs with individual rights. As forensic genomics evolves with AI integration, proactive legal and technical governance is essential to maintain public trust and evidentiary integrity in criminal justice.