Case Three: Ethics of Coercion

Extract

A woman is murdered in a small town. At autopsy, the pathologist notes the woman had engaged in sexual relations shortly before her murder. The police department determines the male partner should be considered a person of interest in their investigation. They begin a canvas of the town, asking every male to voluntarily consent to a DNA test. Men refusing to provide the specimen will be publicly listed as potential suspects and perhaps arrested. All 1500 men in the town provide a specimen and none is identified as the sex partner. The DNA results are entered into the FBI's database and made available to every law enforcement agency in the country.

The investigative techniques involved in this case are well within the bounds of acceptable police practice.¹ There is a compelling state interest in apprehending the woman's killer and the police have an obligation to use all reasonable and legitimate means to solve the crime.² These techniques include a number of methods designed to influence, persuade, and sometimes pressure people to cooperate with criminal investigations.

It could be argued that the police should not have asked the men to submit to DNA testing because some might have felt pressured to comply. This did not appear to be the case. All the men agreed to be tested when they all could have declined participation. Insofar as the testing exonerated them it is reasonable to suppose many agreed to be tested because they knew that the analysis would exclude them as suspects.