Fear, Faith and Fact:
Genetic Screening and DNA Fingerprinting
JOHN GARDNER
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Introduction
Advancements in genetic testing in recent years have led to a
multitude of opportunities in discovering cures for diseases, exonerating
innocent people wrongly convicted of crimes, and even determining
someone’s ancestry. Genetic information testing has already raised many ethical issues about the privacy of a person’s genetic information, but an
unexamined ethical issue is the occurrence of false positives and our blind
faith in the discoveries of what a genetic test will yield. While a test may
show that someone has an increased probability for developing a certain
disease, this information does not provide an answer as to whether or not
a person will develop the disease, but merely a probability of how
susceptible a person is to developing a disease. The fact that someone
can be denied employment, falsely convicted of a crime, or falsely discriminated against by an insurance company and charged a higher
premium, or even be denied service of any type simply because an
incorrect genetic test, or a test that has some uncertainties for what it is
testing for, begs us to ask the question: is it ethical to put so much faith in these genetic tests? This paper will show that the public’s faith in the accuracy is unethical because of how new the technology of DNA and
genetic testing for disease is causing us to overlook the limitations of what
these tests can predict, both in what human error can cause and also
what genetic screening actually reveals.
Origin of Genetic Screening
The Human Genome Project (HGP) is an international research
effort to determine the sequence of the three billion chemical base pairs
that make up the human DNA and to identify the approximately 35,000
genes in human DNA. While it was originally conceived in the mid-1980s
by the US Department of Energy, it was ultimately established in 1990 with researchers from the UK, Germany, Japan, China and France
collaborating on the effort. 1
Genetic screens are tests on blood and other tissue to find genetic
disorder and currently around 900 such tests are available. Doctors use
these genetic tests for several reasons. Some of these tests include
prenatal testing for genetic diseases, screening for the possibility of
passing genes that would cause a person’s children to be susceptible to
inheriting a disease. Also testing in adults for diseases before symptoms
occur and testing to confirm someone who has disease symptoms. 2
The revolution of genetics has led to the knowledge of the genetic
basis of common and uncommon hereditary disease. The first products of
this revolution are diagnostic, which is the ability to determine who is at
risk and who is not for a disease before the onset of symptoms. Although
in many diseases, not all of the genes capable of causing or contributing
to pathogenesis or the origination and development of a disease. 3
Moreover, even when the mutated gene is known, routine genetic testing may fail to identify mutations in 25 to 75% or more of the cases. As a
result of these uncertainties, genetic testing that fails to find a mutation is
often inconclusive. 4
There are nearly a thousand different hereditary diseases for
which the causative genes are known. In some cases, there are
mutations, or “hotspots”, which are sites within the gene that are
mutated in virtually all cases. Examples of these include sickle cell and
Huntington’s disease. However, the majority of inherited diseases are
caused by diverse mutations scattered along the length of affected
genes. 5
Through the testing of various cells from the human body that
contain genetic information, there are a couple of different methods for
detection of these mutations. Direct methods, such as DNA sequencing,
document the existence of a genetic variant while revealing its exact
nature. In contrast, indirect methods document that a sequence variance
is present, but they require a subsequent direct method to clarify the
nature of the variant. 6
There are many different genetic mutations that cause an
increased susceptibility to various diseases. A very simple example of
understanding what constitutes being at higher risk for a disease is the
genetic mutations that cause breast cancer; the name of these mutations
is BRCA1 and BRCA2. Even prior to the identification of specific genetic
mutations associated with an increased risk of cancer, physicians and
scientists identified families with a hereditary predisposition to breast
cancer. Hereditary cancer is identified when families have multiple
cancers that fit Mendelian patterns of inheritance (i.e. dominant,
recessive, X-linked). When the family history is suggestive of a hereditary predisposition, but the number or distribution of the cancers is not
definitive, families are described as having familial cancer. Specific genetic
alterations have been identified for many of the established hereditary
breast cancer syndromes. Although clinical genetic testing is now
available for these high penetrance hereditary breast cancer syndromes,
many can also be diagnosed based on clinical criteria alone. In these
cases, molecular testing is confirmatory and can aid in early identification
of at-risk family members. Molecular testing can be diagnostic in families
that are suggestive of a hereditary breast cancer syndrome. 7
There is a human error aspect of genetic testing when doctors are
doing prenatal screening, which is leading to unneeded tests and
abortions. Many pregnant women in the US have had risky and
unnecessary fetal tests following genetic screening of themselves and
their partners, and some have terminated healthy pregnancies after
muddles or irregularities in genetic tests on their fetuses. This is exactly
what geneticists warn about with the increase of prenatal genetic testing.
There are two main parties that are responsible for the mistakes that are
occurring in these tests, the companies doing the tests and the doctors
misinterpreting the results. Both of these parties blame each other. The
companies carrying out the tests are blaming the doctors for
misinterpreting the results or requesting the wrong tests and the doctors
blame the companies for failing to stick to clinical guidelines. 8 A good
example of these prenatal tests that are out of control is screening for
cystic fibrosis. With Cystic Fibrosis screening, the aim is to discover early
in a pregnancy if a woman and her partner carry any of the mutations that
cause the disease. If blood and saliva tests reveal that both are carriers,
they have a 1 in 4 chance of having a child with cystic fibrosis. If a follow
up DNA test on the fetus confirms that it has inherited two defective copies of the CF gene and will thus get the disease, couples face a tough
decision whether or not to terminate the pregnancy. It is reported that at
least 150 prenatal cystic fibrosis tests have been done that perhaps should
not have been done, with some resulting in the termination of pregnancy. 9
The main point all of this information is that although a vast amount of
information can be uncovered from genetic screening, there are limits to
what these screens identify. They are limited to your predisposittion to
getting a condition or disease. There is also the aspect of human error with
the aspect of prenatal screening. These prenatal screenings are being
misused by doctors and are causing unneeded abortions of pregnancies.
Groups Affected by DNA Testing
There are many different people who may potentially be affected by
these errors in DNA testing. A person who is falsely convicted of rape or
murder, a person who is wrongly selected in a paternity case, someone who
is genetically tested for a job application and is denied a job for a test that
was incorrect, and the person who was tested by their insurance company to
ensure that they are not covering someone who is going to get cancer or
another serious illness in the near future so were charged a higher premium
for findings that were incorrect are all examples of this. We as a society place
too much value on the findings of a DNA test, believing that it is ‘scientific’, so
it must be correct, when in fact the opposite is quite the truth in part because
of human error.
Forensic DNA testing
DNA typing, also called ‘DNA fingerprinting’, was introduced in the
mid-1980s. It has allowed law enforcement to match many criminals with - 77 -
crime scenes. First described by Dr. Alec Jeffreys, he found that certain
regions of DNA contained sequences that were repeated over and over
again, and that these varied from human to human. The technology was first used in 1985 in a double homicide case. 10 Thousands of cases have
been closed and innocent suspects cleared because of this revolution in
forensics and technology. To make a DNA fingerprint one must go
through six steps to complete the process. First, cells or tissue from the
person must be collected through blood, hair, or even skin. Second, the
enzyme is cut, sized and sorted. Third, the DNA, which is now in pieces, is
transferred to a nylon sheet. Adding radioactive probes to the DNA to
produce patterns completes the fourth and fifth steps. The last step is
getting the final DNA fingerprint with the multiple probes in it, which ends
up looking close to a barcode.
DNA fingerprinting is useful in the identification of persons in
situations relating to the justice system. Since 1987, the US justice system
has used DNA fingerprinting taken from blood, semen, hair, and clothing. With this information, many cases have been solved were there
previously there would not have been a correct verdict. 11
Errors in DNA Fingerprinting
In addition, DNA has been used to overturn the convictions of
people who were considered innocent, have now been found guilty
because this type of evidence was not previously available. 12 It is
estimated that 340 prisoners sentenced from 1989 to 2003 have been
exonerated from their sentences, of those 340, 144 of them used DNA
evidence to exonerate themselves. 13
In 2005, a Houston Court found that faulty forensic evidence led
to the conviction of George Rodriguez in 1987. The crime lab that had
done the testing erroneously concluded that hair found at the scene
belonged to Mr. Rodriguez, and also failed to rule him out as a suspect
from semen that belonged to another man. Mr. Rodriguez served 17
years in jail for this false conviction. 14
Conversely, two other criminals were exonerated and freed from
jail because of false positives for DNA tests from the same Houston crime
lab. Ronald Taylor and Josiah Sutton were both put away for rape charges
because of false DNA evidence. 15
This Houston crime lab is far from being the only facility having
these issues. In Washington State, many of these same issues are
happening in crime labs, and most are a result of sloppy work. The cause
of many of these incorrect DNA tests are self-contamination, cross-
contamination, erroneous lab reports, testing errors, errors during
testing, errors in test interpretation, error in testing procedure and even
an unknown source of contamination. 16
The previous view that DNA evidence is infallible has been
disproved by the above examples, and has been proven incorrect in
practice as well. When DNA tests were first introduced to the justice
system little thought was put into how much human error would affect
the outcome of test results. It is naïve to not take this into account for
mere fact that the person administering and evaluating the tests is a
human. False positives occur in proficiency tests and actual cases. 17 It is
difficult to say what the percentage of human error is in determining DNA
testing accuracy because it is a recent technological evolution and there is
little emphasis put on correctness of results, because, apart from the legal
system, there really isn’t a scenario where the results of an incorrect test
can result in something that could possibly be contested by the subject of the test.
Ethical Dilemma
To prove that the use of genetic screening and DNA
fingerprinting is unethical will be shown using the fairness approach to
ethics. The justice/fairness approach has been linked more consistently
to ethics than any other idea of ethics. Plato has described it in “The
Republic” and John Rawls wrote about it in “The Theory of Justice”.
Justice is part of the central core of morality. Fairness has often been
used with regard to an ability to judge without reference to one’s feelings
or interests; fairness has also been used to refer to make judgments that
are not overly general but that are not concrete and specific to a
particular case.18 The use of the rights approach is a more appropriate
route to take with the case of DNA fingerprinting. A simple definition of
what a rights based approach is the ethical action that is the one that best protects and respects the moral rights of those affected, that we as
humans have a dignity based on their human nature per se or on their
ability to choose freely what they do with their lives and have the right to
be treated as ends and not merely as means to other ends. 19 When
evidence is used that has known inconsistencies, the verdicts will be
inconsistent. By convicting or labeling someone falsely, then you are
violating that person’s right to be judged with what they can control. 20
Using the fairness approach to prove that genetic screening in the
employment process is unethical is the best route to take. The reason is
that all equals should be treated equally, or if unequally then fairly based
on some standard that is defensible. 21 Using genetic testing to pre-screen job applicants is unethical, because it is unfair to judge someone on the
results of a genetic test which may reveal that someone has a stronger
predisposition to developing a certain serious disease such as cancer or
Alzheimer’s. The test does not reveal with certainty when or even if a
person will get a particular condition. It only reveals that someone has a
one in four, or even a one in 400, chance of developing a disease based on
a certain genetic mutation that is found in that persons DNA.
Conclusion
Recent developments in the US government have let the passing of
The Genetic Nondiscrimination Act of 2007 (GINA) was passed in the U.S.
House of Representatives, by a vote of 420-3. The act will protect individuals
against discrimination based on their genetic information when it comes to
health insurance and employment. These protections are intended to
encourage Americans to take advantage of genetic testing as part of their
medical care. 22 Although this kind of legislation is positive, it is beside the
point. This paper is looking at this science and societies perception of it as
being unethical. The blind faith that we put into what genetic screening
reveals has led us to believe that these tests can be used to screen out job
candidates because of a propensity towards getting some sort of condition.
This is unethical because we are judging someone on the basis of unreliable
information, the reason it is unreliable is because a genetic test does not give
a concrete answer to what an employer is looking for (will this employee get
sick and cost us money). As genetic testing becomes simplified and more
accessible to the general public, the human element will probably never be
taken out of the equation. Since this is the case, more scrutiny must be put
into how we interpret genetic testing results, by having common practices set
in place that allow for checks and rechecks of correct information.
Works Cited
1. Curley, R.A, Caperna, L.M. (2003). The brave new world is here: Privacy
issues and the Human Genome Project. Defense Counsel
Journal, 70(1), 22-35. Retrieved October 18,2007 from ABI/INFORM
Global database. (Document ID: 291178641).
2. National Human Genome Research Institute. Genetic Testing.
MedlinePlus. Retrieved November 23, 2007 from
http://www.nlm.nih.gov/medlineplus/genetictesting.html.
3. Yan, H. (2000, September 15). Genetic Testing--Present and Future.
Science. 1890-1893. Retrieved November 23, 2007 from Academic
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4. Ibid 3
5. Ibid 3
6. Ibid 3
7. Bradbury, A.R, Olopade, O. (2007). Genetic Susceptibility to Breast
Cancer. Reviews Endocrine & Metabolic Disorders 3rd ser. 8 255-267.
Retrieved November 23, 2007 from Scirus database, University of
Colorado, Boulder.
8. Concar, D. (2003, May 3). Test Blunders Risk Needless Abortions. New
Scientist: 4-7. Retrieved November 23, 2007 from Academic Search
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9. Ibid 8
10. Betsch, D. F. (n.d.)DNA Fingerprinting in Human Health and Society.
Access Excellence: Iowa State University. Retrieved October 8, 2007 from
http://www.accessexcellence.org/RC/AB/BA/DNA_Fingerprinting_Basics
.html.
11. National Institute of Standards and Technology. (n.d) Butler, J. History
of Forensic DNA Analysis. Presidents DNA Initiative. Retrieved October 8,
2007 from http://www.dna.gov/basics/analysishistory/.
12. Ibid 10
13. Moore, S. (2007, October 1). DNA Exoneration Leads to Change In
Legal System. New York Times (Late Edition (east Coast)), p. A.1.
(Document ID: 1348319841). Retrieved October 18, 2007 from ProQuest
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14. Ibid 13
15. Tolson, M., Khanna, R. (2007, October 4). MIX‐UP ON DNA DEALS HPD
LAB ANOTHER BLOW: Man exonerated 14 years after rape
conviction: [3 STAR, 0 Edition]. (Document ID: 1354940991). Houston
Chronicle,p. 1. Retrieved October 18, 2007 from ProQuest
Newsstand database.
16. (2004, 22 July). DNA Testing Mistakes At the State Patrol Crime Labs.
Seattle Post Intelligencer. Retrieved Oct 17, 2007 from
http://seattlepi.nwsource.com/local/183018_crimelabboxesweb22.html
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17. Thompson, W.C., Taroni,F. ,Aitken, C.G. (2003). How the Probability of
a False Positive Affects the Value of DNA Evidence. Journal of Forensic
Sciences 48. Retrieved October 17, 2007 from
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18. Santa Clara University. A Framework for Thinking Ethically. Retrieved
October 17, 2007 from
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19. Velasquez, M., Andre, C., Shanks, T., Meyer, M.J. (1990). Justice and
Fairness. Santa Clara University. Retrieved November 28, 2007 from
http://www.scu.edu/ethics/practicing/decision/justice.html.
20. Ibid 19
21. Ibid 19
22. National Human Genome Research Institute. (2007). Genetic
Information Nondiscrimination Act of 2007. Retrieved November 23,
2007 from http://www.genome.gov/24519851