The Genetic Imaginary: DNA in the Canadian Criminal Justice System.

Vol. 15 No.2 (February 2005), pp.96-98

THE GENETIC IMAGINARY: DNA IN THE CANADIAN CRIMINAL JUSTICE SYSTEM, by Neil Gerlach. Toronto: University of Toronto Press, 2004. 350pp. Cloth. CDN/US $65.00 / £42.00. ISBN: 0-802-08784-1. Paper. CDN/US $29.95 / £20.00. ISBN: 0-802-08572-5.

Reviewed by Rebecca C. Harris, Department of Political Science, University of Illinois, Urbana-Champaign. Email: rcharris@uiuc.edu

Why did Canada and Canadian criminal justice system absorb DNA technology so thoroughly, and with relatively little political deliberation? Neil Gerlach presents evidence of numerous sociological forces converging on the issue and effectively resolving it in terms of its perceived societal benefits. The culprit is what Gerlach calls “the genetic imaginary”—society’s collective image of the power of genetics. As the book demonstrates, the genetic imaginary not only manifests itself in popular culture, but in social governance as well. Coining the term “biogovernance,” Urlach explores emerging governmental techniques for managing biotechnology. The use of DNA in the Canadian criminal justice system becomes a case study for the illumination of five critical processes in biogovernance: privatization, politicization, objectification, and responsibilization. While Gerlach is a sociologist, much of his work examines the structural development of political power within a political system, with particular focus on the political behavior of elites and mass opinion, as well as the important roles of political institutions such as the media, the courts, the legislature, and law enforcement.

Chapter One introduces important sociological concepts for the study of biogovernance. Key to understanding societal and political approaches to biotechnology is the fact that late modern societies are characterized as risk societies, societies where insecurities and social control are increasing. The risks posed by biotechnology come under increasing government control through five social processes. First, the process of privatization places genetic expertise largely in the marketplace. Second, the process of politicization means that the use and regulation of biotechnology becomes part of political competition, especially when public interests are competing with the interest of private elites. It is not clear if current political institutions, such as legislatures and courts, are well suited to resolve these political disputes. Third, objectification of knowledge through biotechnology threatens other heretofore legitimate methods of decision making, particularly legal reasoning. Fourth, a process of normalization has the effect of making this biotechnology commonplace. Fifth, responsibilization is the process by which individuals are made responsible for managing any problems associated with genetic developments.

Chapter Two describes the technological, social, and legal context of forensic DNA from a sociological perspective. In terms of technology, DNA in the criminal justice system [*97] grows out a “culture of the trace” where several modern technologies have enabled law enforcement to identify culprits based on trace elements left at the crime scene. The techniques of DNA typing and the particular problems associated with the technology are described to anticipate legal and political controversies, particularly those surrounding population genetics, lab protocols, and jury attribution. In terms of society, the fear of crime and the increase in surveillance lays a foundation for increased acceptance of DNA data banking. In terms of law, important parts of Canadian civil liberties jurisprudence are introduced, including bodily integrity and protections against intrusive searches and seizures.

Chapter Three traces the legislative process and policy development of DNA warrants and DNA databanks in the Canadian criminal justice system. Gerlach effectively argues that this policy development was characterized by a shift in values from individual rights toward public safety. Careful readings of official documents provide the raw material for the narrative, and the story is told in a crisp, factual manner. Particular attention is given to the prominent pieces of Canadian legislation dealing with DNA warrants and DNA data banking. Key political actors and interests emerged in opposition to the bill, and the dominant political rift occurred between the Canadian Bar Association and the Canadian Police Association. Privacy, surveillance, objectivity, and the need for administrative efficiency are discussed as the dominant frames used by public officials and the mass public in political discourse.

Chapter Four provides a lively discussion of media framing through content analysis of two sensationalized Canadian cases. Gerlach contends that the public came to know about and understand DNA through media reporting of particular trials. The media are characterized as defining the problem as one of subjective official control (and hence, corruption and inefficiency) and the solution as embracing the objectivity and efficiency of DNA in solving complex, heinous crimes. He effectively argues that these media events set up a “problem” in Canadian law enforcement where DNA was framed as an almost heroic, to-the-rescue solution.

Chapter Five examines the inner workings of DNA typing and the National DNA Data Bank (NDDB) in Ottawa. The discussion contrasts the official safeguards for privacy and objectivity with the actual potential for slippage in each step of the process. Gerlach opens the black box of DNA typing, exposing the weaknesses in sample collection, laboratory processing, and interpretation of results. Court activity has not been particularly vigilant in exposing these weaknesses. Gerlach traces five stages of judicial treatment beginning with enthusiastic acceptance, moving through brief periods of questioning and limiting the role of DNA in criminal proceedings, coming to the point of legislative endorsement, and finally arguing that DNA typing is now normalized and institutionalized in the criminal justice system.

Chapter Six combines legal and sociological analysis to demonstrate a movement from crime control to crime management. The dominant conceptual [*98] foundation is the development of codes to control human behavior. Gerlach argues that DNA typing and data banking are powerful steps in labeling and slotting human beings, and he effectively demonstrates the current sociological understandings of the meaning and purpose of incarceration and crime management. The end result is that DNA is part of a larger system of inclusion and exclusion. Using judicial discussions, professional literature, media characterizations, and legislation as primary sources, Gerlach demonstrates what he calls two crucial trends in criminal justice. One is the movement from the language and philosophical approach of lawyers to the “scientization” of the judicial process, especially in terms of evidence and evidentiary standards. The other is the increasing expansion of the DNA net; policymakers seeking to increase the kinds of people to be included in the NDDB. This combination is worrisome because, as Gerlach’s subsequent legal analysis demonstrates, courts are increasingly uncritical of any challenges to DNA evidence, relaxing earlier civil liberties jurisprudence and deferring to scientific experts.

The strength of this work is its conceptual depth at every discussion. The book has solid theoretical appeal, at least in terms of sociology. Gerlach weaves several conceptual themes into his empirical work, and he provides a fresh theoretical and empirical contribution to the study of science and public policy. The overall depth of the analysis and breadth of subject matter strengthens Gerlach’s conclusions. This reviewer especially appreciated the use of multiple contexts to create a holistic picture of the genetic imaginary in Canadian criminal justice. The use of judicial discourse, legislation, official papers, and media images gives the reader a sense of how complex sociological and political relationships and outcomes materialize. Gerlach makes effective use of qualitative analysis, yet Political Scientists will be able to envision theoretical and empirical extensions of his work in our own discipline. It is easy to see how this kind of analysis could extend to the public policy contexts of genetically modified foods or stem cell research. It is similarly easy to conceive of the way quantitative analysis or formal theory development could augment his conclusions.

Finally, the book has great pedagogical value. Concepts are clearly explained. Case studies are poignantly analyzed. Empirical work is amplified by concrete stories and examples. I have already discussed some of Gerlach’s observations in my undergraduate course on genetics and public policy. Any public policy course or course on problems in criminal justice can make good use of THE GENETIC IMAGINARY. It is theoretically rigorous and empirically thorough, yet it is accessible for the non-professional reader.

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