

Both approaches revealed dramatic disparities in the racial composition of DNA databases, including that DNA profiles from Black persons are collected at two to three times the rate of White persons. In other words, we reverse-engineered the national DNA database. Second, we devised an original estimate based on public information about each state’s DNA collection policies and the demographic data that matches those policies. First, we obtained data from states in response to our requests under freedom of information laws. This Article endeavors to fill these gaps in the literature by providing demographic information about the composition of forensic DNA databases.

Such assertions are expressed in vague or conclusory terms, without a citation to actual data or even to concrete estimates about the actual composition of DNA databases. Yet when such questions arise, critics typically just assert that forensic DNA databases are not demographically representative. Central to these debates are concerns about racial equity in forensic genetic practices. From their inception, numerous scholars, advocates, and judges have wrestled with the proper reach of DNA collection, retention, and search policies. Forensic DNA databases have received an inordinate amount of academic and judicial attention.
