LAW, PRACTICE AND POLITICS OF FORENSIC DNA PROFILING This collection reviews developments in DNA profiling across jurisdictions with a focus on scientific and technological developments as well as their political, ethical, and socio-legal aspects. Written by leading scholars in the fields of social studies of forensic science, science and technology studies and socio-legal studies, the book provides state-of-the-art analyses of forensic DNA practices in a diverse range of jurisdictions, new and emerging forensic genetics technologies and issues of legitimacy. The work articulates the various forms of technolegal politics involved in the everyday, standardised and emerging practices of forensic genetics and engages with the most recent scholarly and policy literature. In analyses of empirical cases, and by taking into account the most recent technolegal developments, the book explores what it means to live in a world that is increasingly governed through anticipatory crime control and its related risk management and bio-surveillance mechanisms, which intervene with and produce political and legal subjectivities through human bodies in their DNA. This volume is an invaluable resource for those working in the areas of social studies of forensic science, science and technology studies, socio-legal studies, sociology, anthropology, ethics, law, politics and international relations. Dr Victor Toom is scientific staff at the Netherlands Scientific Council for Government Policy, The Hague, the Netherlands. Dr Matthias Wienroth, Centre for Crime and Policing, Department of Social Sciences, University of Northumbria, Newcastle upon Tyne, UK. Amade M’charek is Professor of Anthropology of Science at the Department of Anthropology, University of Amsterdam, the Netherlands. LAW, PRACTICE AND POLITICS OF FORENSIC DNA PROFILING Forensic Genetics and their Technolegal Worlds Edited by Victor Toom, Matthias Wienroth and Amade M’charek First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 selection and editorial matter, Victor Toom, Matthias Wienroth and Amade M’charek; individual chapters, the contributors The right of Victor Toom, Matthias Wienroth and Amade M’charek to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-0-367-33849-7 (hbk) ISBN: 978-1-032-38528-0 (pbk) ISBN: 978-0-429-32235-8 (ebk) DOI: 10.4324/9780429322358 Typeset in Bembo by Apex CoVantage, LLC CONTENTS Acknowledgements viii Bibliographical details ix Introduction 1 1 Forensic genetics and their technolegal worlds 3 Victor Toom, Matthias Wienroth and Amade M’charek PART I DNA profiling and database governance 21 2 Technolegal worlds in an armed conflict: The forensic making of victims in Colombia 23 María Fernanda Olarte-Sierra and Jaime Enrique Castro Bermúdez 3 Travelling promises: Forensic DNA databases in Brazil’s technolegal setting 38 Vitor Simonis Richter and Luiza Louzada 4 Forensic DNA analysis and database governance in Ghana 56 Aaron Opoku Amankwaa and Judith Amankwa Addo vi Contents 5 Legislating forensic genetics in South Africa: Science, justice and the occlusion of race in postapartheid DNA databasing 72 Noah Tamarkin PART II New and emerging innovations and applications 91 6 From promise to practice: Anticipatory work and the adoption of massive parallel sequencing in forensics 93 Roos Hopman, Irene van Oorschot and Amade M’charek 7 Deliberating forensic genetics innovations: The case of rapid DNA technologies in England and Wales 111 Dana Wilson-Kovacs 8 Emerging forensic genetic technologies: Contested anticipations of legitimation, caution and social situatedness 127 Christopher James Lawless PART III Issues of legitimacy 145 9 Systemic (mis)trust in technolegal worlds: Three key trust relationships in forensic genetics 147 Matthias Wienroth 10 Why is DNA not enough?: The multiple temporalities of family reunification in Finland 165 Anna-Maria Tapaninen and Ilpo Helén 11 Evaluating forensic DNA databases 183 Carole McCartney and Aaron Opoku Amankwaa 12 The stakes of forensic phenotypic profiling: Can solidarity help? 201 Barbara Prainsack and Gabrielle Samuel 13 Conceptions of consent, family and jurisdiction in forensic genetic genealogical searches 217 Erin Murphy Contents vii Epilogue 235 14 Technolegal policies and practices: Studying the past, present and future of forensic genetics 237 David Skinner Index 245 ACKNOWLEDGEMENTS This book was largely written during the COVID-19 pandemic 2020–2022. As a result, it is a testament to its contributors’ resilience during times of restrictions to meeting family, friends and colleagues; travel bans; working from home; online meetings; teaching students via video link; and perhaps also schooling their own children at home. Add to that mix quarantine and isolation due to ‘testing positive’, being ill with COVID, and perhaps only slowly growing used to living with ‘long COVID’. During these difficult two years, life ran at a different pace than before, with new routines, duties and challenges. Nevertheless, our authors composed and edited their chapters, and you hold the result in your hands. As editors, we are grateful to those who made this volume possible. First and foremost, of course, we thank all contributors for their chapters and the good humour with which they engaged with our suggestions. Second, some of our col- leagues set an extraordinary scholarly example that inspired us. While not everyone was on board to contribute to this volume, we hope that you notice that we follow a path laid out by you. In particular, we would like to acknowledge Simon Cole, Mike Lynch, Helena Machado and Robin Williams for your work, inspiration, collegiality and mentorship. We also want to acknowledge the European Research Council for having provided us with space to meet and work together in Amsterdam and elsewhere through an ERC Consolidator Grant (FP7–617451-RaceFaceID- Race Matter: On the Absent Presence of Race in Forensic Identification). Lastly, very important persons have worked in the background, allowing the book to be made: our partners who have provided support and hot tea during cold nights and the marvellous editorial staff at Routledge. Victor Toom, Matthias Wienroth and Amade M’charek BIBLIOGRAPHICAL DETAILS Editors and contributing authors Judith Amankwa Addo School of Law, Northumbria University, Newcastle upon Tyne, United Kingdom Judith Amankwa Addo (PhD Candidate) is currently pursuing her PhD in Law at Northumbria University, researching young people and criminal appeals in Eng- land and Wales. She holds a MA in Criminology and Criminal Justice from Keele University and a BA (Hons) Sociology from Kwame Nkrumah University of Sci- ence and Technology – Ghana. Her research interests include youth justice, miscar- riage of justice, appeals and forensic science. Aaron Opoku Amankwaa Department of Applied Sciences, Northumbria University, Newcastle upon Tyne, United Kingdom Aaron Opoku Amankwaa (PhD) is an Assistant Professor in Forensic Science, Department of Applied Sciences at Northumbria University. His primary research is focused on three key themes: 1) the evaluation of the effectiveness of forensic science applications and technologies; 2) development of forensic genetic testing and 3) development and evaluation of crime reduction initiatives. Jaime Enrique Castro Bermúdez Fiscalía General de la Nación, Colombia, Bogotá Jaime is an anthropologist, specialist in human rights (ESAP) and master in crim- inology and victimology (ESPOL). He works as forensic anthropologist expert and judicial investigator of the Technical Investigation Body of the Attorney Gen- eral’s Office in Colombia. He has more than 23 years of experience working in the search for disappeared persons and the recovery and identification of bodies