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This course will consider the legal and ethical issues involved in the use of genetic and neuroscientific evidence during criminal investigations and criminal proceedings.
A study of the application of genetics and neuroscience in criminal investigations, prosecutions and sentencing.There is an increasing use of scientific techniques in both the investigation of crime and the subsequent prosecution and sentencing of individuals. In the US and UK, studies have suggested that over 25% of serious crimes involve some level of genetic or neuroscientific evidence.These techniques include the use of DNA testing to identify suspects and the use of neurological testing during investigations, and the use of DNA and neurological evidence in the courtroom to help explain the offending or appropriate sentence.As potentially useful scientific techniques are developed, the law must consider how to respond: to what extent should these techniques be permitted to be used? What are the legal and ethical implications of allowing such use? These are issues that are currently being debated in various jurisdictions at both state and European Union level, and are seen as having a profound impact on the future of the criminal justice system. This course will examine some of these issues. It will be taught through lectures and in-class discussion, and students will be expected to prepare (via readings) for classes, and contribute to discussions.
A successful student will, by the end of the course, be able to:Demonstrate an understanding of the use of DNA testing in criminal investigations, and the legal and ethical issues that potentially arise as a result of this use;Demonstrate an understanding of the privacy and human rights implications of the use of DNA databases;Demonstrate an understanding of the relevance and use of genetics arguments as part of determinations of liability and in sentencing; Demonstrate an understanding of the relevance and use of neuroscience arguments as part of determinations of liability and in sentencing;Demonstrate an understanding of the rules of evidence in relation to the introduction of genetics and neuroscience evidence; Demonstrate an understanding of specific cultural concerns (with particular focus on the concerns of Māori) in relation to the use of genetic material; Critically engage with issues relating to genetic privacy rights;Critically engage with current debates on the efficacy and ethics of the use of this information and the consequences of its acceptance in the criminal justice system.
For the LLB Degree Schedule: (i) LAWS101; and (ii) LAWS202.For the BCJ Degree Schedule: 60 points at 200 level including CRJU202 from Schedule A to the Bachelor of Criminal Justice degree Regulations; OR LAWS202.
CRJU313
For the LLB Degree Schedule: LAWS203-LAWS206For the BCJ Degree Schedule: Not required
Debra Wilson
Robin Palmer
Assessment will be by way of a class test (30%), an oral presentation (20%) and a research essay (50%).The assessment will be confirmed in the first week of lectures.
Lynch, Nessa et al; The collection and retention of DNA from suspects in New Zealand ;
Wilson, Debra; Genetics, crime and justice ; Edward Elgar Publishing, 2015.
Domestic fee $775.00
International fee $3,525.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .