Rapid DNA Technologies at the Crime Scene: 'CSI' Fiction Matching Reality

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Amsterdam University of Applied Sciences

Rapid DNA Technologies at the Crime Scene

'CSI' Fiction Matching Reality Mapes, Anna

Publication date 2017

Document Version Final published version

Link to publication

Citation for published version (APA):

Mapes, A. (2017). Rapid DNA Technologies at the Crime Scene: 'CSI' Fiction Matching Reality. IBED UvA.

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Download date:27 Nov 2021

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INVITATION

to attend the public thesis defense of

Anna Mapes a.a.mapes@hva.nl November 30th, 2017

at 16.00 in the Agnietenkapel of the University of Amsterdam Oudezijds Voorburgwal 229-231

RAPID DNA TECHNOLOGIES AT

THE CRIME SCENE

After the ceremony you are invited to

the reception Paranymphs Fiona Mapes Michiel van Megen mapes.promotie@gmail.com

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RAPID DNA TECHNOLOGIES AT THE CRIME SCENE

‘CSI’ FICTION MATCHING REALITY Anna Mapes

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Rapid DNA technologies at the crime scene - ‘CSI’ fiction matching reality PhD thesis, University of Amsterdam IBED, The Netherlands

Author: Anna Mapes Cover illustration: Michiel van Megen

Cover design: Maarten Pieterse, maartenpieterse.nl Printed by: Proefschriftmaken.nl

ISBN: 978-94-91407-52-9

This research is funded by RAAK-PRO research grant no. PRO-3-12 of the Netherlands Organisation for Scientific Research, Division Task Force for Applied Research (NWO - Nationaal Regieorgaan Praktijkgericht Onderzoek SIA)

The printing of this thesis was supported by the Co van Ledden Hulsebosch Center, Amsterdam Center for Forensic Science and Medicine

‘CSI’ FICTION MATCHING REALITY

ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad van doctor

aan de Universiteit van Amsterdam op gezag van de Rector Magnificus

prof. dr. ir. K.I.J. Maex

ten overstaan van een door het College voor Promoties ingestelde commissie, in het op openbaar te verdedigen in de Agnietenkapel

op donderdag 30 november 2017, te 16.00 uur

door

Anna Agnes Mapes geboren te Taunton, Engeland

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Rapid DNA technologies at the crime scene - ‘CSI’ fiction matching reality PhD thesis, University of Amsterdam IBED, The Netherlands

Author: Anna Mapes Cover illustration: Michiel van Megen

Cover design: Maarten Pieterse, maartenpieterse.nl Printed by: Proefschriftmaken.nl

ISBN: 978-94-91407-52-9

This research is funded by RAAK-PRO research grant no. PRO-3-12 of the Netherlands Organisation for Scientific Research, Division Task Force for Applied Research (NWO - Nationaal Regieorgaan Praktijkgericht Onderzoek SIA)

The printing of this thesis was supported by the Co van Ledden Hulsebosch Center, Amsterdam Center for Forensic Science and Medicine

‘CSI’ FICTION MATCHING REALITY

ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad van doctor

aan de Universiteit van Amsterdam op gezag van de Rector Magnificus

prof. dr. ir. K.I.J. Maex

ten overstaan van een door het College voor Promoties ingestelde commissie, in het op openbaar te verdedigen in de Agnietenkapel

op donderdag 30 november 2017, te 16.00 uur

door

Anna Agnes Mapes geboren te Taunton, Engeland

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Promotiecommissie:

Promotores: Prof. dr. A.D. Kloosterman Universiteit van Amsterdam Prof. dr. C.J. de Poot Vrije Universiteit Amsterdam Overige leden: Prof. dr. W.P. de Voogt Universiteit van Amsterdam

Prof. dr. mr. M.E. de Meijer Universiteit van Amsterdam Prof. dr. A.C. van Asten Universiteit van Amsterdam Prof. dr. mr. W. Huisman Vrije Universiteit Amsterdam Dr. N. Kop Politieacademie, Apeldoorn Dr. M. Prinz John Jay College of Criminal

Justice, New York (USA) Faculteit: Faculteit der Natuurwetenschappen, Wiskunde en Informatica

‘Here is my lens. You know my methods.’ What can you gather yourself as to the individuality of the man who has worn this article?’

‘I can see nothing,’ said I, handing it back to my friend.

On the contrary, Watson, you can see everything. You fail however, to reason from what you see. You are too timid in drawing your inferences.’

Sherlock Holmes by Sir Arthur Conan Doyle

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Promotiecommissie:

Promotores: Prof. dr. A.D. Kloosterman Universiteit van Amsterdam Prof. dr. C.J. de Poot Vrije Universiteit Amsterdam Overige leden: Prof. dr. W.P. de Voogt Universiteit van Amsterdam

Prof. dr. mr. M.E. de Meijer Universiteit van Amsterdam Prof. dr. A.C. van Asten Universiteit van Amsterdam Prof. dr. mr. W. Huisman Vrije Universiteit Amsterdam Dr. N. Kop Politieacademie, Apeldoorn Dr. M. Prinz John Jay College of Criminal

Justice, New York (USA) Faculteit: Faculteit der Natuurwetenschappen, Wiskunde en Informatica

‘Here is my lens. You know my methods.’ What can you gather yourself as to the individuality of the man who has worn this article?’

‘I can see nothing,’ said I, handing it back to my friend.

On the contrary, Watson, you can see everything. You fail however, to reason from what you see. You are too timid in drawing your inferences.’

Sherlock Holmes by Sir Arthur Conan Doyle

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‘I never made one of my discoveries through the process of rational thinking.’

Albert Einstein

Chapter 1

Introduction

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10 Chapter 1

Rapid DNA analysis has been standard procedure for years in the well-known series

‘CSI’ to identify perpetrators within hours. Although this series is clearly fiction, it is possible that ‘CSI’ predicts the future forensic investigation process. This thesis describes how a mobile Rapid DNA analysis device can be used to act as a potential effective tool in modern day law enforcement. In 2010 the FBI established a Program Rapid DNA analysis for the introduction of rapid and mobile DNA technologies for use by law enforcement (1). As it can be expected that mobile DNA technologies will cause a paradigm shift in the role of forensic institutes and the tasks of professionals in the Criminal Justice System (CJS) we have investigated how mobile Rapid DNA technologies can be used efficiently and successfully in the CJS in the Netherlands. Key figures on the contribution of DNA to the identification of suspects and on the actual success rate of the DNA profiling process in analysing biological traces form a wide range of items illustrate the potential benefit of implementing mobile and Rapid DNA technologies in the Dutch CJS. We show how the possibility to deploy Rapid DNA analysis at the crime scene affects the decision-making processes of Scene of Crime Officers (SoCOs) regarding the selection of biological traces for subsequent DNA analysis. For that reason, we developed a decision model for the use of mobile Rapid DNA technologies by SoCOs. We also point out the need to establish a legal environment conducive to the harmonious introduction of mobile Rapid DNA technologies at the crime scene.

1.1 DNA as Investigative Tool

DNA analysis for forensic purposes became important more than three decades ago when Sir Alec Jeffreys discovered individual specific DNA patterns leading to the well- known forensic DNA fingerprint (2, 3). The use of DNA analysis for intelligence purposes and as scientific evidence in criminal cases has grown tremendously ever since. A lot of research effort has been devoted to exploring the full potential of DNA technology to identify perpetrators, solve crimes, protect the innocent and to identify missing persons (4). Part of this research has concentrated on the analysis of samples containing low levels of DNA. This technology enables the forensic community to obtain informative DNA typing data from a broad spectrum of crime scene samples (5, 6).

1.2 Rapid DNA

Over the last years many studies have been performed to create fully integrated DNA analysis systems with the purpose of speeding up the current DNA analysis process (7- 13). This has led to a Rapid DNA Program Office established by the FBI in 2010, to facilitate the development and integration of Rapid DNA technology for use by law

General Introduction 11

enforcement. This programme was set up to create a way to rapidly analyse reference samples of a suspect while the arrestee is still in police custody and to compare his/her profile with the profiles in the Combined DNA Index System (CODIS) database of unsolved crimes (1).

In 2011, the first promising mobile Rapid DNA technologies were launched that are able to perform Short Tandem Repeat (STR) analysis of reference samples (mouth swabs), human tissue samples, and objects with low DNA copy numbers, allowing for the potential analysis of crime scene samples (14). Given these developments, the time was right to set up a large project in the Netherlands with the goal to examine the impact of “bringing science to the crime scene”, with the aim to support the intelligence process in identifying perpetrators (15). The research into mobile and Rapid DNA technologies is part of this project. The project started in August 2012 when Rapid DNA analysis options came into view in the field of forensic science (16). The goal of these new technologies was to create a Rapid DNA analysis system that can be operated by the SoCOs directly at the crime scene and to obtain DNA analysis results within two hours.

Some of these developments were discontinued (MiDAS (8)), some took a long time to progress (MinIon (17)), some are still progressing (DNAscan (18), Portable DNA analyzer (19)) and a few actually resulted in working mobile Rapid DNA systems for forensic use (RapidHIT 200 (20), ParaDNA (21)). At the start of this research project it became evident that mobile Rapid DNA technologies are finding their way in the forensic world and without doubt will have an impact on future criminal investigative practices.

1.3 Rapid DNA at the Crime Scene – The Research Question

To assure that criminal investigations will benefit from the full potential of mobile Rapid DNA technology it is important to understand how to use this technology at the crime scene. This raises the following research question:

“What is the impact of implementing mobile Rapid DNA technologies at the crime scene to identify a perpetrator and how can we optimally regulate the process of analysing and obtaining Rapid DNA profiling results to ensure acceptance within the criminal justice system?”

To answer this question, it should be realised that implementing Rapid DNA technology will lead to a technology-driven change in the complex field of the CJS. On the one hand, accelerating the investigative process can be extremely valuable to rapidly identify perpetrators and solve crimes. On the other hand, it is of the utmost importance to prevent any miscarriage of justice due to the wrongful analysis and interpretation of DNA evidence. Many parties are involved in the process of convicting or acquitting a

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10 Chapter 1

Rapid DNA analysis has been standard procedure for years in the well-known series

‘CSI’ to identify perpetrators within hours. Although this series is clearly fiction, it is possible that ‘CSI’ predicts the future forensic investigation process. This thesis describes how a mobile Rapid DNA analysis device can be used to act as a potential effective tool in modern day law enforcement. In 2010 the FBI established a Program Rapid DNA analysis for the introduction of rapid and mobile DNA technologies for use by law enforcement (1). As it can be expected that mobile DNA technologies will cause a paradigm shift in the role of forensic institutes and the tasks of professionals in the Criminal Justice System (CJS) we have investigated how mobile Rapid DNA technologies can be used efficiently and successfully in the CJS in the Netherlands. Key figures on the contribution of DNA to the identification of suspects and on the actual success rate of the DNA profiling process in analysing biological traces form a wide range of items illustrate the potential benefit of implementing mobile and Rapid DNA technologies in the Dutch CJS. We show how the possibility to deploy Rapid DNA analysis at the crime scene affects the decision-making processes of Scene of Crime Officers (SoCOs) regarding the selection of biological traces for subsequent DNA analysis. For that reason, we developed a decision model for the use of mobile Rapid DNA technologies by SoCOs. We also point out the need to establish a legal environment conducive to the harmonious introduction of mobile Rapid DNA technologies at the crime scene.

1.1 DNA as Investigative Tool

DNA analysis for forensic purposes became important more than three decades ago when Sir Alec Jeffreys discovered individual specific DNA patterns leading to the well- known forensic DNA fingerprint (2, 3). The use of DNA analysis for intelligence purposes and as scientific evidence in criminal cases has grown tremendously ever since. A lot of research effort has been devoted to exploring the full potential of DNA technology to identify perpetrators, solve crimes, protect the innocent and to identify missing persons (4). Part of this research has concentrated on the analysis of samples containing low levels of DNA. This technology enables the forensic community to obtain informative DNA typing data from a broad spectrum of crime scene samples (5, 6).

1.2 Rapid DNA

Over the last years many studies have been performed to create fully integrated DNA analysis systems with the purpose of speeding up the current DNA analysis process (7- 13). This has led to a Rapid DNA Program Office established by the FBI in 2010, to facilitate the development and integration of Rapid DNA technology for use by law

enforcement. This programme was set up to create a way to rapidly analyse reference samples of a suspect while the arrestee is still in police custody and to compare his/her profile with the profiles in the Combined DNA Index System (CODIS) database of unsolved crimes (1).

In 2011, the first promising mobile Rapid DNA technologies were launched that are able to perform Short Tandem Repeat (STR) analysis of reference samples (mouth swabs), human tissue samples, and objects with low DNA copy numbers, allowing for the potential analysis of crime scene samples (14). Given these developments, the time was right to set up a large project in the Netherlands with the goal to examine the impact of “bringing science to the crime scene”, with the aim to support the intelligence process in identifying perpetrators (15). The research into mobile and Rapid DNA technologies is part of this project. The project started in August 2012 when Rapid DNA analysis options came into view in the field of forensic science (16). The goal of these new technologies was to create a Rapid DNA analysis system that can be operated by the SoCOs directly at the crime scene and to obtain DNA analysis results within two hours.

Some of these developments were discontinued (MiDAS (8)), some took a long time to progress (MinIon (17)), some are still progressing (DNAscan (18), Portable DNA analyzer (19)) and a few actually resulted in working mobile Rapid DNA systems for forensic use (RapidHIT 200 (20), ParaDNA (21)). At the start of this research project it became evident that mobile Rapid DNA technologies are finding their way in the forensic world and without doubt will have an impact on future criminal investigative practices.

1.3 Rapid DNA at the Crime Scene – The Research Question

To assure that criminal investigations will benefit from the full potential of mobile Rapid DNA technology it is important to understand how to use this technology at the crime scene. This raises the following research question:

“What is the impact of implementing mobile Rapid DNA technologies at the crime scene to identify a perpetrator and how can we optimally regulate the process of analysing and obtaining Rapid DNA profiling results to ensure acceptance within the criminal justice system?”

To answer this question, it should be realised that implementing Rapid DNA technology will lead to a technology-driven change in the complex field of the CJS. On the one hand, accelerating the investigative process can be extremely valuable to rapidly identify perpetrators and solve crimes. On the other hand, it is of the utmost importance to prevent any miscarriage of justice due to the wrongful analysis and interpretation of DNA evidence. Many parties are involved in the process of convicting or acquitting a

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12 Chapter 1

suspect in a criminal investigation; these are mainly the police, the laboratory, the prosecution, the defence, the court of law, the Ministry of Justice and even the public (Figure 1). All these parties fulfil different roles and represent different values in the criminal justice chain. It is therefore important to realise that the integration of a mobile Rapid DNA analysis option at the crime scene will have an impact on current processes and/or the beliefs of these parties.

To summarise the current forensic DNA process in the Netherlands: it starts with a crime scene where SoCOs perform their investigation and collect DNA traces.

After a selection process the DNA trace(s) are upon request of the Public Prosecutor sent to the laboratory for analysis. The outcome of the investigation is submitted to the prosecutor and the police, after which a suspect may be apprehended and the DNA match might serve as evidence in the court of law.

Figure 1 shows the relation between the different parties in the criminal justice chain when considering DNA evidence. The prosecution is the authority of the criminal investigation and safeguards the legal process of the CSI and analysis procedures to finally prosecute a suspect. Both the police and the prosecution are mainly focused on rapidly identifying a suspect during the intelligence phase of the investigation and finding evidence to build the case in the evidence phase of the investigation. SoCOs facilitate this process through performing crime scene investigation (CSI) to detect, collect and select traces for DNA analysis.

The laboratory facilitates the process of DNA analysis and is focused on obtaining the best DNA analysis results leading to potential matches. The defence is mainly focused on acquitting the suspect, potentially through exculpatory evidence, discovering implications of misjustice or ‘flaws’ in the process and chain of evidence. The court of law is the final decision-maker to convict or acquit. The Ministry of Justice proposes legislation for the rules and regulations under which the CJS and the criminal trial need to operate. And finally, the public either trusts or distrusts the CJS, based on the perceived integrity of the CJS and safety of the community.

Figure 1. DNA evidence in the criminal justice chain

1.4 Sub-research Questions

Once the Rapid DNA technology becomes available the current process of collecting, selecting and using the DNA evidence will change and the parties involved may find themselves in a conflict of interests. The police are focused on rapidly apprehending a suspect rather than using the most sensitive and optimal, but often time-consuming, DNA analysis technique used by the laboratory. This underlines the necessity to map the road ahead in the forensic DNA analysis process once the Rapid DNA technology is ready to be integrated. In this respect the following sub-questions were formulated:

1. What is the current DNA success story in terms of identifying a suspect?

2. What are the DNA success rates for various items or traces?

3. Can this knowledge on DNA success rates assist the Rapid DNA analysis procedure?

4. How will SoCOs operate when Rapid DNA analysis is introduced?

5. How can the Rapid DNA technology be used within the current legal situation?

6. How can we optimally regulate the decision-making process when Rapid DNA is used at the crime scene?

7. What is the future perspective of forensic investigations when Rapid DNA analysis at the crime scene becomes feasible?

1.5 Research Project

The research questions above reveal that a technology-driven study will affect all parties within the CJS. There is a need to understand 1) the technological implications of the Rapid DNA analysis system and 2) the behavioural implications at the crime scene when deciding to use Rapid DNA analysis. The challenge in this research is to link technological science, behavioural science and juridical science to obtain a better understanding of the procedural and contextual aspects of applying the Rapid DNA technology. This knowledge can be used to understand the decision-making process and to make future recommendations for the DNA analysis procedures. To optimally approach this topic, the Human Factors Development Approach (Figure 2, (22, 23)) was used as an example to systematically combine the interaction between humans, technology and information. This enables the CJS to better assess the future use of the given technology in practice for decision-making and policy recommendations. The Human Factors Development Approach consists of three phases:

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