DNA testing and banking has become institutionalized in the
Canadian criminal justice system. As accepted and widespread though
the practice is, there has been little critique or debate of this
practice in a broad public forum on the potential infringement of
individual rights or civil liberties. Neil Gerlach's "The Genetic
Imaginary" takes up this challenge, critically examining the
social, legal, and criminal justice origins and effects of DNA
testing and banking. Drawing on risk analysis, Gerlach explains why
Canadians have accepted DNA technology with barely a ripple of
public outcry.
Despite promises of better crime control and protections for
existing privacy rights, Gerlach's examination of police practices,
courtroom decisions, and the changing role of scientific expertise
in legal decision-making reveals that DNA testing and banking have
indeed led to a measurable erosion of individual rights.
Biogovernance and the biotechnology of surveillance almost
inevitably lead to the empowerment of state agent control and away
from due process and legal protection. "The Genetic Imaginary"
demonstrates that the overall effect of these changes to the
criminal justice system has been to emphasize the importance of
community security at the expense of individual rights. The
privatization and politicization of biogovernance will certainly
have profound future implications for all Canadians.
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