Structures in the Case of DNA Profiling*
Micro ⁄Macro Translations: The Production of New SocialLinda Derksen, Vancouver Island University
Socio
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DOI:
Examples drawn from the history of DNA profiling in the United States are used
to show how knowledge claims about DNA profiling became part of the wider social
structure. A crucial aspect of this process was the formation of new social structures at
the micro and macro levels. Social order and knowledge formed within a community
of practice, the FBI sponsored Technical Working Group on DNA Methods
(TWGDAM), was translated and entrenched in new formal social structures, such as
the DNA Identification Act of 1994. This in turn gave further stability and credibility
to the knowledge about DNA profiling advanced by TWGDAM, as well as their status
as a credible professional organization. This article contributes an understanding of the
role that new social structures play in linking the micro and the macro levels of social
structure.
Introduction
In 1969, 16-year-old David Milgaard was arrested for the brutal rape and
murder of Gail Miller in Saskatoon, Saskatchewan. Despite his protestations
of innocence, on January 31, 1970, Milgaard was convicted and sentenced to
life in prison with no possibility of parole for 25 years. One year later,
the Saskatchewan Court of Appeal rejected an appeal of his case, and in
November 1971, the Supreme Court of Canada again denied Milgaard’s right
to appeal. In 1988, the Milgaard family hired James Ferris, a forensic patholo-
gist from Vancouver, British Columbia to use the new technology of DNA
profiling to prove Milgaard’s innocence, but the test results were inconclusive
(Tyler 1997).
In January 1992, Milgaard testified before the Supreme Court of Canada
that he had not raped or killed Gail Miller 23 years before. However, new
DNA tests, which had been conducted in the United States, were again incon-
clusive (Tyler 1997). The Supreme Court did rule that Milgaard should be
granted a new trial, but the Provincial government of Saskatchewan decided
not to prosecute him again. Milgaard was freed from prison, but was not
acquitted of the crime. In 1997, new DNA tests were conducted in England,
logical Inquiry, Vol. 80, No. 2, May 2010, 214–240
10 Alpha Kappa Delta
10.1111/j.1475-682X.2010.00328.x
MICRO ⁄ MACRO TRANSLATIONS 215
by American, British, and Canadian scientists. Although it had been 12 years
since the discovery of DNA profiling, the Miller garments were the oldest to
ever be subjected to DNA testing for legal purposes (Tyler 1997). On July 18,
1997, Milgaard’s lawyers announced that the DNA on Miller’s garments did
not match Milgaard’s DNA, proving conclusively that Milgaard had not com-
mitted Gail Miller’s murder. Two years later, on May 17, 1999, the Canadian
government awarded Milgaard and his family a $10 million compensation
package (CBC.ca 2008).
It would be logical to assume that the reason the 1997 tests ‘‘proved’’
Milgaard’s innocence while the two previous tests had been inconclusive is
that the science ‘‘got better’’ over time. This answer would be far too simplis-
tic. The scientific techniques involved in DNA profiling actually changed very
little in that 9 year period, although they were refined and simplified. The big-
gest change in DNA profiling between 1988 and 1997 was the constellation of
social relations surrounding DNA profiling. In 1988, at the time of the first
tests, there were no standards of practice, no shared protocols, and no norms
governing interpretation of the fuzzy profiles. In the United States, DNA pro-
filing was being offered only by two private companies who used incompatible
methods. The FBI had begun investigations into its forensic utility. The sec-
ond set of tests occurred in 1992, when the ‘‘DNA Wars’’ were in full swing
as scientists fought with each other on the pages of Nature, Science, and TheAmerican Journal of Human Genetics. The National Research Council’s first
Committee on DNA Technology in Forensic Science had just released its first
report to widespread criticism. In short, at the time of both early tests, there
was little consensus in the scientific community about conducting and inter-
preting DNA profiling.
By the time of the third test in 1997, everything had changed. The 1994
DNA Identification Act had legislated protocols, quality assurance guidelines,
and considerable funding to spread the technology to crime laboratories
across the nation. There was a DNA Databank, which held DNA profiles of
more than 50,000 convicted offenders from all 50 states. The FBI had a
DNA laboratory up and running, all crime laboratories in the United States
and Canada were using the same methods for making DNA profiles, and
there was a stable community of practitioners, many of whom were members
of the FBI funded Technical Working Group on DNA Methods (TWGDAM).
And the scientists had quit arguing with each other over statistical issues. By
the time David Milgaard had his third DNA test, the one that proved he
could not have raped and murdered Gail Miller—many, many people were
committed to utilizing DNA profiling for forensic purposes, including the
Canadian and United States governments. The scientific procedures that were
used at the three time points were very similar, but by 1997, there was a
216 LINDA DERKSEN
wide-reaching and stable network of social structures supporting the
knowledge.
In what follows I use the examples drawn from the history of DNA pro-
filing in the United States to show how individual knowledge claims about
DNA profiling became part of the wider social structure in the United States. I
argue that a crucial aspect of this process was the formation of new social
structures at the micro and macro levels. In advancing this argument, I con-
tribute an understanding of the role that new social structures play in linking
the micro and the macro. It is important to note that the theoretical model pre-
sented here does not attempt to be representative of all of the processes
involved in stabilizing knowledge about DNA profiling. Here, I follow just
one part of the historical story, which covers largely the role of the FBI and
TWGDAM.
All scientific knowledge claims, DNA profiling included, are advanced by
one or more persons in a particular space, at a particular time. And yet,
knowledge pervades virtually all of our institutions—education, medicine, the
military, the criminal justice system, the economy, and affects almost every
aspect of our lives. These institutions transmit and maintain scientific knowl-
edge and credibility, and their legitimacy rests heavily on scientific knowledge
(Shapin 2001:15930–31). To understand the process by which knowledge
claims ‘‘escape’’ the local and embodied contexts of their production and
become part of the wider social order, is also to understand something funda-
mental about society. In this case, how the micro level of interaction is linked
to the macro level of social structure. Order and consensus are the outcome of
successful knowledge making activities, not the explanatory resources invoked
to explain truth (Shapin 1996; Coleman 1986:1320–27).
As sociologists, we know that ‘‘scientific knowledge penetrates and
transforms social relations’’ (Bohme and Stehr 1986:5), but most theories of
modernity view science and technology from the outside, as a powerful insti-
tution which affects society like a natural force. Although most classical
social theorists were fundamentally concerned with the emergence of new
social structures that arose with modernity, such as capitalism, bureaucracy,
and organic solidarity, many contemporary social theorists have turned away
from this task, to focus instead on the reproduction of existing social struc-
tures. Much of this work focuses on the tension between the micro and
macro, attempting to link the two levels of analysis (Bourdieu 1985; Giddens
1979, 1984). In sociology, the debate as to whether ontological and causal
primacy should be assigned to human agency or to social structure—to the
micro or the macro—dates back to the origins of the discipline (Alexander
and Giesen 1987; Coleman 1986:1320–27). During the 1980s and 1990s,
the micro–macro problem emerged as the major theoretical concern for
MICRO ⁄ MACRO TRANSLATIONS 217
American sociology (Ritzer 1990), and in Europe the agency ⁄ structure prob-
lem has ‘‘rightly come to be seen as the basic issue in modern social the-
ory’’ (Archer 1988:ix). This concern for the link between human agency and
social structure is the predominant problematic in the work of many contem-
porary theorists including Anthony Giddens (1979, 1982, 1984), Pierre Bour-
dieu (1977, 1984), Margaret Archer (1988, 1990) and Randall Collins (1988,
1992).
Here, I draw together two bodies of inquiry: the sociology of scientific
knowledge (SSK) and sociological theories of the micro ⁄ macro link. I argue
first, that knowledge and social order are created together, whether at the
micro or macro level, through the production of new social structures. New
social structures which bring order to micro interactions, or macro struc-
tures, emerge out of the process of making knowledge, and new knowledge
is reciprocally dependent on the formation of these structures. These new
social structures can be micro, such as consensus between people, or
macro, such as legislation or databanks. Second, because to make knowl-
edge is also to make social order, I seek to contribute to debates about
micro ⁄ macro links and the agency ⁄ structure dynamic by arguing that
knowledge production is a crucial link between the micro and the macro.
To do this, I use examples from the history of DNA profiling to show
specific moments of translation where new knowledge and social order pro-
duced at the micro level are taken up—entrenched—into new social struc-
tures at the macro level.1 I argue that these new structures are the outcome
of successful solutions to the problem of social order, which results in
credible knowledge. Through historical analysis of some of the events
involved in stabilizing DNA profiling, I provide empirical examples of howknowledge becomes entrenched in social order through the production of
new social structures.
SSK scholars Steven Shapin and Simon Schaffer argue that in the sev-
enteenth century, the founders of the Royal Society offered their new
experimental method as a means by which gentlemen could discuss freely
contentious matters of fact, without the very real threat of civil unrest.
Today’s experimental method had its genesis not just in the exchange of
‘‘article and ideas,’’ but also in the ‘‘practical social regulation of men and
machines.’’ In attempting to produce knowledge, the seventeenth century
natural philosophers had to establish social order, in the form of a commu-
nity of experimenters who created shared social conventions for the produc-
tion of knowledge. For these early scientists, ‘‘[t]he effective solution to
the problem of knowledge was predicated upon a solution to the problem
of social order’’ (1985:281–82). Further, Shapin (1994) argues that
social order was based on gentlemanly codes of conduct which included
218 LINDA DERKSEN
knowledge of who could be trusted to speak the truth, and under what
circumstances.
It is one thing to argue that such a strong relationship between practices
of knowledge production and social order existed in seventeenth century in a
time of social unrest, but does this argument have anything to offer in the
twenty-first century? And if it does, how do contemporary knowledge claims
that begin in a specific place, in the hands of one or a few people, become
entrenched into the very fabric of our social order?
Here, I follow Randall Collins in viewing the micro and macro as the
poles of a continuum, where the ‘‘micro’’ involves fewer people in smaller
spaces, and interactions occupy a shorter time period. Subsequently, the
‘‘macro’’ involves more people in larger spaces over longer time frames
(R. Collins 1988:386–88). Collins argues that macro structures are simply
abstractions of the ‘‘empirical realities of people across many situations’’
(R. Collins 1988:393). This is partly true, as people can only experience social
structures in micro situations. However, many social structures, particularly at
the macro level, exist as more obdurate, physical entities. I think here of
rational-legal structures, such as the law, which exists in written form, and
which guides the actions of many people in most daily encounters. It involves
a huge number of people, across a wide expanse of space, endures through
time, and it is a formal, macro social structure. Giddens notes that social struc-
ture can be an intended or an unintended effect of interaction, partly because
interaction creates ‘‘institutionalized patterns of behavior’’ (1984:110–44),
which we recognize as social structures. However, he defines social structure
as ‘‘rules and regulations’’ which exist in people’s heads (1979, 1984) which
is again, partly true, but does not cover the material aspects of some social
structures, nor their existence as rational-legal documents which are used to
order micro interactions.
The process of stabilizing and standardizing knowledge about DNA pro-
filing led to the creation many different social structures between 1985 and
2000. These include, but are not limited to stabilized practices and protocols,
norms of interpretation, group professionalization, standards of practice, labo-
ratories, databases, political projects, and legislation. Here, I use the concept
of social structure to encompass informal and formal agreements, tacit knowl-
edge, legal standards, legislation, and social institutions. Social structure
includes laws and legislation which provide material resources, establish gov-
erning and advisory bodies, and allocate authority for the legitimate use of
force. In operation, those governing and advisory bodies probably belong in
the middle of the informal–formal continuum. The important point is that
social structures are the outcome of situated human labor which takes place
over time. The particular structures which I am talking about are also
Figure 1Macro ⁄ Micro ⁄ Macro Translations in Production of Knowledge ⁄ Order in the
Case of DNA Profiling.
MICRO ⁄ MACRO TRANSLATIONS 219
intricately linked to the formation of new knowledge, specifically about DNA
profiling. This includes quantification of measurement error, group consensus
on the correct interpretation of DNA autorads, development of norms of
professional behavior, and standards of proficiency in a laboratory. Figure 1
provides a conceptual diagram of the argument I am advancing, based on the
history of DNA profiling.
To illustrate these micro ⁄ macro translations, in what follows I discuss
three ‘‘moments’’ in the stabilization of DNA profiling which illustrate its
movement from the local spaces and bodies of its making, to its status as
credible knowledge entrenched in formal social structure and order. First, I
discuss the quantification of measurement error, and how numbers compensate
for the gap between theory and methods. Quantification of measurement error
was important because it created a single number to replace a wide range of
personal, subjective, and technical sources of variation in the measurement
of DNA fragment lengths (Derksen 2000:805). Once fragment length and
220 LINDA DERKSEN
potential error were quantified, DNA profiles could ‘‘escape’’ the laboratory
and be transported to courtrooms or stored in databanks. Second, I show how
norms for making and interpreting DNA protocols were the outcome of the
growth of a new community of practice, TWGDAM, sponsored and facilitated
by the FBI. These first two ‘‘moments’’ facilitated the uptake of knowledge
into social structure in the form of legislation and other formally established
groups. Newly formed structures created new parameters within which human
interactions could vary, particularly with respect to the forensic use of DNA.
For example, the DNA Identification Grants Act of 1994 entrenched the
knowledge and practices of a very small group of people into macro social
structure, thus stabilizing and further enhancing the credibility of their knowl-
edge claims. As Weber argued, legislation might be the most formal form of
social structure which underlies social order. In addition, I provide brief
descriptions of some of the new social structures which resulted from the
stabilization of knowledge about DNA profiling, and which in turn further
legitimated that knowledge.
Brief Synopsis of the Case Study
The path to credibility for DNA profiling was complex, twisted, and
fraught with bitter controversy (Lander 1989; Thompson and Ford 1990;
Lander 1991; Derksen 2000, 2003; Aronson 2007; Lynch, Cole, McNally and
Jordan 2009). DNA typing for forensic uses was developed in private compa-
nies (Daemmrich 1998), and used for the first time in a U.S. courtroom in
1987 (Andrews v State of Florida). In a 1989 landmark double murder trial
now known as the Castro case (People v. Castro 1989) defense attorneys
exposed how dependent DNA profiling was on local practices and subjective
decisions (Derksen 2000; Jasanoff 1995:42–68; Lander 1989).
The Castro case made DNA profiling a ‘‘problem’’ for academia, forensic
scientists, and law enforcement agencies, primarily the FBI. Concerned about
losing such a potentially fruitful source of evidence, the FBI asked the
National Academy of Science to convene a National Research Council (NRC)
committee to investigate and solve the problems associated with the technol-
ogy. The first Committee on DNA Technology in Forensic Science (NRC1)
was convened in 1990, and released its final report in April 1992 (National
Research Council 1992) to widespread criticism.
In December 1991, ‘‘the DNA Wars’’ began when the prestigious journal
Science published two journal articles by prominent population geneticists—one
very ‘‘pro’’ DNA profiling and one decidedly against it (Chakraborty and Kidd
1991; Lewontin and Hartl 1991; Roberts 1991). As expert witnesses, scientists
clashed violently with each other in courtrooms, and then went back to their
laboratories to write up their expert witness reports as journal articles which
MICRO ⁄ MACRO TRANSLATIONS 221
they then submitted for peer review and publication in scientific journals. The
‘‘DNA Wars’’ in academia occurred mostly between 1992 and 1994, and after
1996 there were few publications by dissenting scientists. They still dissented,
but no one was listening any longer. It is important to note that during this
period, the technical aspects of the type of DNA profiling used at the time did
not change tremendously. The spectacular change in DNA profiling’s success
story was the constellation of new and stable social relations surrounding the
technology.
Quantifying Measurement Error: Making Judgment andInteraction Invisible
During the 1980s and early 1990s, DNA profiles were being interpreted
and matched in ‘‘liminal spaces,’’ which are transitional and transformative
states in which the values and norms of one stage have been left behind and
the values and norms of the later stage have not yet been reached (Knorr
Cetina 1999:63; Turner 1976:59–92). New norms, values, and consensus about
the technology had to be created to fill these liminal spaces in order for the
technology to achieve credibility and objectivity. There were no guidelines to
define what constituted anomalous or ambiguous results, and analysts’ interpre-
tations were conducted in complex environments where there were a ‘‘range of
potential (and reasonable) interpretations and little guidance in how to choose
among them’’ (Thompson and Ford 1991:110). Even within laboratories, there
was a high degree of ambiguity and personal variability in scoring the bands.
Determinations of matches were done visually, by eyeballing the distance
between the bands. Even when automated systems were developed, it was com-
mon to manually override machine scoring and placement (Thompson 1994:
264; Thompson and Ford 1991). Each practitioner, and eventually each labora-
tory, had to develop their own criteria for determining matches.
At this time DNA profiling lacked ‘‘disciplinary objectivity,’’ where it is
not assumed that all scientists agree about a particular phenomenon, but
‘‘instead takes consensus among the members of particular research communi-
ties as its standard of objectivity’’ (Megill 1991:301). Not only was there little
consensus among the members of the research community as to a standard of
adequate procedures and protocols, there was no consensus as to which
research community had jurisdiction over DNA profiling. Until the Castrocase, commercial laboratories and their employees proceeded in an ad hocfashion, creating what they needed as they went along.
As noted, the 1989 Castro double murder case exposed how, at that time,
DNA profiling was extremely dependent on local practices and subjective deci-
sions. Of particular concern in the case was the measurement of DNA fragment
lengths and associated measurement error. Lifecodes, the private company
222 LINDA DERKSEN
which had conducted the DNA tests for the trial, had not used its own quantita-
tive estimates of measurement error in declaring a match between suspect and
crime scene DNA, and thus its declaration of a ‘‘match’’ was questionable. The
trial brought to light that the private company’s methodologies were not open to
scientific scrutiny, and were treated as trade secrets (Derksen 2000).
During this time DNA profiling was performed using a procedure known
as single-locus restriction fragment length polymorphism. DNA fragments
appeared as faint bands on an autoradiograph, which is similar in appearance
to an X-ray. Analysts were generally concerned with at least two DNA sam-
ples—one from the ‘‘scene of the crime’’ and one from a suspect. The task
was to decide whether the DNA samples matched each other, thus potentially
identifying a guilty person, or exonerating an innocent one. Matching DNA
fragments should appear at approximately the same distance down the auto-
radiograph, but in different lanes. Due to many sources of variability in the
process, bands from the same source might not be exactly parallel on the auto-
rad. In each case, practitioners had to decide how close was ‘‘close enough’’
to say that two fragments match or do not match.
These early days before protocols and interpretations were stabilized to
provide a ‘‘window’’ to see how quantification helped to make individuals’
subjective judgments and evaluative statements invisible. This was a crucial
step in linking the micro and macro, because when human labor and judgments
are made invisible, and knowledge is expressed in quantitative form, the
knowledge can ‘‘travel’’ more easily outside the place of its making to become
part of other discourses. Quantification is one of the most important tasks of
scientific practice, because it transforms a knowledge claim from one which
originates in a specific place and time, to one which seems as if it could
come from anywhere (Porter 1992a:647, 1995).
The act of measurement, particularly of new entities, is one aspect of
scientific practice that is specifically directed toward creating, producing, and
constructing new meanings through the assignment of signs (numbers) to sym-
bols obtained from the physical manipulation of nature. This act is a produc-
tion of the new and novel—the varied activities which constitute measurement
have as their outcome new meanings, new signs, and new symbols. These new
meanings, and the stability of their application to features of the natural world,
come from human interaction, not from nature:
Meaning ... is not a direct function of the system, nor is it a quality of the sign ⁄ symbol;
rather it is a function and quality of the focus of psychic and emotional energy and particu-
lar aspects of the interaction process. Meaning does not abide in the symbol: the symbol acts
as a trigger for individuals and group to ‘remember’ and ‘reenact’ the meaning .... Nor does
meaning abide in the system. The function of the system is to stabilize agreed upon meaning
and reality (Allan 1995:58–59).
MICRO ⁄ MACRO TRANSLATIONS 223
In this case, the new entity being measured was measurement error. A
quantitative estimate of how close was ‘‘close enough’’ for two bands to be
so that they could be declared as a ‘‘match’’ was answered by each labora-
tory determining and making public a quantity called the standard error of
measurement. This number, a distance between bands on an autoradiograph,
represented the ‘‘typical’’ or ‘‘average’’ range within which fragments from
two matching DNA samples might reasonably be expected to be, determined
from the laboratory’s experience and practice. The width of two standard
errors above and below the band became to be called a ‘‘match window’’
and was usually between 1.5 percent and 2.5 percent of fragment length.
Once this number was determined, practitioners could then say that a given
fragment matched (or not) if it fell inside or outside the length of the match
window. This number did not eliminate subjectivity and judgment from the
process of interpreting autorads and determining matches, but it did make
the subjective judgments invisible by having a number ‘‘stand for’’ them.
In the courtroom, DNA profiling had been subject to criticisms that as
evidence, it was based on subjective, biased, messy, fuzzy, local and arbitrary
practices, and judgments. Estimates of measurement error were critical in
establishing the legal admissibility of DNA evidence as they compensated for
the inevitable gap between theory and observation by specifying a stable limit
for a wide, but unspecifiable array of personal, subjective, and technical
sources of variability. This number, and others like it, helped DNA profiling
to bring order in courtrooms by allowing expert witnesses to speak ‘‘objec-
tively’’ about whether or not two fragments matched.
Measurement almost always involves contingent acts of judgment. Prac-
titioners must estimate ‘‘reasonable agreement’’ between the ideal and the
actual, or between theory and data (Kuhn 1977).2 When scientists are
observed in practice, it is clear that even apparently simple acts of ‘‘good’’
or ‘‘accurate’’ measurement are contingent, local achievements (Lynch 1991).
Successful quantification hides the representing subject, it hides subjective
judgments, and it renders judgment invisible. After the development of the
standard error of measurement in DNA profiling, when expert witnesses tes-
tified in courtrooms that two DNA fragment fell ‘‘within the match win-
dow,’’ the quantitative assertion made it appear to judges and juries that
there was no judgment or subjectivity involved in the decision. Because
numbers are a language which helps to coordinate the activities of geograph-
ically or culturally diverse groups, they ‘‘lend credibility to forms of belief
and action when personal trust is in short supply’’ (Porter 1992b). Quantifi-
cation does the sociological work of distancing a given knowledge claim
from the personal, geographical, intellectual, and social conditions in which
the claim is produced.
224 LINDA DERKSEN
Quantification is a crucial, but invisible link between the micro world of
the laboratory and the macro world of social order. Expressing properties of
the natural world as numbers is one of the most powerful ways to erase the
human labor of knowledge production. Quantification makes invisible the sub-
jective judgments, personal variability, and messiness of practice that are part
of normal scientific practice. Once numbers are seamlessly linked to properties
of the world, the knowledge claim is viewed as a fact, and is viewed as value-
free (Poovey 1998). Quantification is one step in the process of creating what
western cultures call objective scientific knowledge. Agency is erased, and the
number stands in for properties of nature (Derksen 2000).
In this section, I have highlighted aspects of how the development of one
number—the standard error of measurement—made the local, context, and
culture-bound human work of making DNA profiles invisible, and moved
knowledge claims about DNA profiling a huge step closer to being objective.
Measurement and measurement error became very important links between the
micro and the macro. Consensus about how to express the size of match win-
dows reduced ambiguity in determining matches, and helped DNA profiling to
attain credibility in the courtroom. More importantly, the ability to convert
DNA profiles into sets of numbers—molecular weights representing fragment
length, accurate to plus ⁄ minus two standard errors—meant that DNA profiles
could easily be stored in databanks, and shared between local, state, and
national criminal justice personnel. We will explore the significance of this in
the section below titled ‘‘Translations to Macro Structures.’’
Interaction, Knowledge, and Local Order: the FBI and TWGDAM
After the 1989 Castro case, the FBI was worried about the future of
DNA profiling as evidence, and called for the National Academy of Science
to convene a committee to investigate and solve the problems associated with
the technology. Under the auspices of the NRC, this committee began meeting
in 1989, and had its final meeting on December 21, 1991. The FBI also began
its own efforts to stabilize and standardize the technology, forming
TWGDAM, which brought together crime laboratory practitioners from across
the United States and Canada.
In the early years of DNA profiling, there was a high degree of interpre-
tive flexibility in DNA data, so much so that it was unlikely that any two
practitioners would agree on most, or all, aspects of the interpretation. For the
new technology to be useful in forensic settings, people had to be able to
agree on what DNA profiles represented. Partly to meet this need for stable
knowledge, the FBI set about to form a strong community of practice (Wenger
1998) consisting of crime laboratory practitioners from across the United
States and Canada. Another interest in creating a community of practice was
MICRO ⁄ MACRO TRANSLATIONS 225
to standardize DNA profiling protocols among crime laboratories, which
would make possible the goal of forming a national DNA database of the
DNA of convicted felons. The database was dependent on crime laboratory
practitioners across the United States and Canada all doing DNA profiles in
the same way, which is a notoriously difficult feat (Berg 1997; Bowker and
Star 1999; Timmermans and Berg 1997).
With a virtually unlimited budget, and an extensive pre-existing formal
organizational structure, the FBI’s Forensic Science Research and Training
Center (FSRTC)3 in Quantico, Virginia invited the members of the crime labo-
ratory community from across the United States and Canada to seminars,
training sessions, and courses. They created TWGDAM, which met every
3 months.
The dynamics of agency and structure in the stabilization of knowledge
about DNA profiling are very clear in the history of TWGDAM. It began as a
loosely knit organization of crime laboratory directors who did not know each
other, who knew nothing about DNA or molecular biology, and who were
invited to Quantico at the FBI’s expense to learn about forensic DNA technol-
ogy. Over the next decade and a half, they became a tightly knit, highly
knowledgeable professional community of practice, whose knowledge became
entrenched in federal legislation.
At the outset, most members of TWGDAM had very little experience
with molecular biology, let alone DNA profiling, and they certainly had no
shared standards by which to interpret DNA profiles.4 The standards that
they achieved were ‘‘hammered out in TWGDAM meetings’’ (Newall
1999). The FBI provided a dedicated physical space which meant that
members could be together in a variety of social contexts including meals,
recreational settings, and sleeping accommodations. As the group of crime
laboratory practitioners met together repeatedly, they developed bonds of
collegiality and friendship, and began to trust each other’s skills and inter-
pretive abilities (Newall 1999, Personal interview; Kahn 1999, Personal
interview). From their local settings, they called each other for consulta-
tions on difficult profiles. They came to agree on how to interpret differ-
ences in DNA profiles, and how best to represent the new technology in
courtrooms.
Whether at Quantico or in their home crime laboratories, members of
TWGDAM were routinely involved in similar streams of practical activity,
replicating both the physical protocols and the interpretive technologies, which
are necessary for knowledge production (Barnes 1977; Shapin and Schaffer
1985:225). The frequent time together at Quantico allowed them to become
‘‘repositories of unconscious experience’’ and to develop an embodied sense
of what counted as a reasonable response to different situations (Knorr Cetina
226 LINDA DERKSEN
1992:119, 1999). Both of these are intrinsic parts of the culture of molecular
biology, where the practicing molecular biologist literally becomes a measure-
ment instrument: they become highly skilled at seeing things that others can-
not see, and their bodies learn to perform delicate operations in loading gels
and manipulating DNA that cannot be taught, only learned through watching,
trying, and erring.5 Most scientific knowledge cannot be transmitted from writ-
ten instructions alone, but requires face-to-face interaction (H. Collins 1974,
1985).
One example of the type of interaction that helped to create shared
interpretational conventions was called ‘‘The Good, the Bad and the Ugly.’’
At every meeting, TWGDAM members brought their worst and most diffi-
cult autorads and put them up on the wall for the group to look at. Group
members would try to identify the problem, determine where in the profiling
process it had occurred, and what the correct interpretation was. In early
1988 and 1989, people from different crime laboratories were very likely to
interpret the same autorad in different ways, and to argue vehemently for
the validity of their own interpretation. Over time, the group reached consen-
sus on what various common phenomena looked like. Initially, the group
with so little knowledge of DNA had to learn to determine just what marks
on an autorad represented bands of DNA, and what marks were artefacts of
the electrophoresis process (one of the steps in producing a DNA profile).
At the outset, there was widespread disagreement about how to interpret an
autorad, and a year later, and after a lot of interaction, argument, and hands-
on work, the group reached consensus about how to interpret a given auto-
rad. The individual members then went back to their distant laboratories and
transferred their newly acquired skills of seeing to members of their individ-
ual laboratories.
Eating, talking, working, and relaxing together created many opportuni-
ties for the kinds of interactions which are the ‘‘micro experience out of
which macro social structure is formed’’ (R. Collins 1988:402). Each social
encounter at Quantico, whether in a formal setting like ‘‘The Good, the
Bad and the Ugly,’’ or in an informal conversation over a meal, created
shared meanings between two or more people. These people were crime
laboratory specialists from across the United States and Canada, and thus
they had the cultural capital and ‘‘market opportunities’’ to take these
shared meanings and move them outward, into larger spheres of interactions
outside of Quantico. Randall Collins defines locally created structures which
arise from interaction as the ‘‘crucial nexus’’ of the micro–macro link
(R. Collins 1988:402).
This part of the story could have turned out very differently. In the
United States, small local areas, cities, counties, or states have jurisdiction
MICRO ⁄ MACRO TRANSLATIONS 227
over different aspects of the criminal justice system. Had the FBI not invested
so much money and time into creating a community of professionals, each
county would have had to develop their own DNA profiling procedures. If this
was the case, it is likely that the private sector would have stepped in to fill
the gap, as small counties would not have had the resources to do the expen-
sive validation studies required by the courts. These types of studies were
required to prove to the courts that the form of DNA profiling that they were
proposing to use had been generally accepted in the scientific community. It is
possible that the larger counties, like Miami’s Dade County, would have
developed their own DNA profiling techniques. Dade County was the only
county in the United States that had a molecular biologist on staff shortly after
the discovery of DNA profiling, and was moving in the direction of setting up
its own DNA profiling laboratory when the invitation from the FBI to join
TWGDAM came in.
The FBI poured tremendous material and human resources into creating a
community of practice, which facilitated the diffusion of common (FBI) proto-
cols across the United States and Canada. Had this community not been cre-
ated, it is unlikely standardization of DNA profiling would have occurred. The
technology would have disseminated much more slowly, and probably not in a
standardized form (Newall 1999, Personal interview; Kahn 1999, Personal
interview; Deadman 1999, Personal interview). Because different laboratories
would have developed different protocols, used different reagents, and exam-
ined different loci, DNA profiles results from different laboratories would not
be comparable, and the usefulness of the technology in forensic settings would
have been very limited. A national DNA database would not have been
possible.
The standardization of DNA profiling as it occurred through the efforts
of the FBI and TWGDAM is an example of classification achieved through
distributed activity (Timmermans and Berg 1997). Timmermans and
Berg argue that ‘‘universality’’ has a certain tenuousness to it, and so they
label it ‘‘local universality’’ (Timmermans and Berg 1997:275). By applying
this label, they want to emphasize that ‘‘that universality always rests on
real-time work, and emerges from localized processes of negotiations and
pre-existing institutional, infrastructural, and material relations’’ (p. 275). In
the case of DNA profiling, for many practitioners, the only pre-existing
institutional and infrastructural relations they could draw upon were the
existence of their own crime laboratories. They came frequently to the
well-equipped laboratories at the FSRTC in Quantico, and returned to phys-
ical spaces and organizations that were ill-equipped to produce DNA
profiles.
228 LINDA DERKSEN
No Order, No Knowledge: The First NRC Committee on DNATechnology in Forensic Science
It is important to note that bringing people together to solve problems of
knowledge does not inevitably result in either stable knowledge or social
order. There were other efforts to bring epistemic closure to disputes surround-
ing DNA profiling. The most prominent was the National Research Council’s
first Committee on DNA Technology in Forensic Science (NRC 1992), con-
vened early in 1990 at the request of the FBI. Its task was to resolve statistical
and ethical issues that were arising over the forensic use of DNA typing. The
committee had many difficult tasks, one of which was to come up with a pro-
cedure for correctly calculating random match probabilities (the probability
that a given DNA profile could belong to someone else in the population).
The committee was composed of blue ribbon members of the scientific and
legal communities, but it had a weak chairperson, and two very strong, deeply
opposed members of equally high academic prestige. It was highly politicized,
highly polarized and deeply troubled, and meetings were virtually a ‘‘war of
all against all’’ (Derksen 2003:175). One committee member was a strong
advocate of the FBI’s methodology, another was deeply suspicious of the tech-
nology (Lewontin 1997, personal interview).
Reaching consensus about the best science, the best way to calculate the
random match probabilities, and the best way for the forensic community to
proceed to use the DNA technology involved extended negotiations among
committee members. During the committee’s tenure, there were a number of
breaches of confidentiality and backstage maneuverings, including the leaking
of one chapter of the report to the FBI. One member resigned early in the
committee’s process, another was forced to resign on the eve of the final
report, and the remaining members reluctantly signed off on the report (Kolata
1992a, 1992b; Lempert 1997). In April 1992, the entire report was leaked to
the press before it was printed, resulting in an overnight rush to print the doc-
ument. However, the academic, legal, and forensic communities had already
seen 2 years of in-fighting and squabbling from the committee, and were
primed to critique their findings.
This first committee failed to establish trust and working order among
themselves. Their inability to get along with each other meant that they were
unable to establish the types of consensus that result in credible knowledge.6
The lack of consensus on the committee translated into a report which was
met with a barrage of criticism (Cohen 1992; Devlin, Risch, and Roeder 1993;
Weir 1993). The FBI felt the ‘‘new rules’’ recommended by the committee
would make it impossible to declare that two DNA samples matched. Other
MICRO ⁄ MACRO TRANSLATIONS 229
angry groups included academic population geneticists and statisticians, who
had not been included on the committee.
In April 1993, Judge William Sessions, then director of the FBI,
requested that the National Academy of Sciences convene a second committee
to resolve the statistical controversies. The second committee was handpicked
to get along with each other (Fischer 1997, personal interview) but its report
was not released until 1996 (National Research Council 1996). The criminal
justice community could not wait that long for the NRC to ‘‘solve’’ the prob-
lems with DNA profiling, and so other groups in other social worlds filled the
liminal voids.
Translations to Macro Structure
One of the most interesting aspects of the history of DNA profiling in
the United States is that stabilization of the technology took place across a
variety of social worlds (Clarke 1990, 1991). While the scientists were at
war with each other, and during the time that the National Research Coun-
cil convened two committees to ‘‘solve’’ the problems with DNA profiling,
the FBI and TWGDAM—which had become a community of practice—qui-
etly solved many technical and interpretational problems around DNA pro-
filing. By 1991, they had reached consensus on most problems of
interpretation, simplified protocols, and published quality assurance guide-
lines and proficiency guidelines. As TWGDAM members transferred their
new knowledge to their own crime laboratories across the United States
and Canada, knowledge surrounding the technology became more stable.
Figures 2 and 3 provide a schematic of the micro ⁄ macro translations dis-
cussed in this section.
1994 DNA Identification Act
In 1994—the year that the second NRC committee began to meet—the
DNA Identification Act was passed (Public Law 103 322).7,8 This act
provided money for any jurisdiction which wanted to develop DNA testing
laboratories, but it made funding contingent on the adoption TWDGAM’s
protocols, proficiency and quality assurance guidelines (TWGDAM 1989,
1991). The legislation further stabilized the knowledge claims by tying
needed material and institutional resources to particular knowledge comm-
unities and forms of scientific practice. The act literally brought order to the
crime laboratory community by giving formal policing powers to TWGDAM
and the newly professionalized ASCLD.9 The DNA Identification Grants
Act also authorized the Laboratory Division of the ASCLD (ASCLD-LAB)
to accredit DNA laboratories across the country, including the FBI’s
laboratory.
Figure 2Micro–Macro Translations in DNA Profiling, 1988–1994.
230 LINDA DERKSEN
The legislation is a form of rational-legal structure, which provided a
necessary mechanism for standardization: legal enforcement (Bowker and
Star 1999:13) coupled with material resources. It also helped to legitimate
the technology in the courtroom, where clever lawyers used the reports sub-
mitted by expert witnesses in high profile cases in high-ranking courts, such
as the Yee appeal, in which the judge had ruled in favor of the FBI’s proto-
cols and against the criticisms of prestigious scientists opposed to the tech-
nology (United States V. John Ray Bonds, Mark Verdi and Steven Wayne
Yee 1993).
Dissolved in the act’s recommendation that TWGDAM’s standards
govern DNA profiling at the national level are all the interactions of TWG-
DAM members between 1988 and 1994, as they learned to read and inter-
pret DNA profiles, and as they simplified and standardized DNA profiling
protocols. Just 6 years after they began to meet, the informal social struc-
tures of interpretation developed between members of TWGDAM had been
translated into formal, legislated standards of quality control and qual-
ity assurance. Between 1988 and 1994, TWGDAM members attained such
professional credibility that this community which previously had lacked
Figure 31994–2001 Proliferation of Formal, Macro Social Structures and
Micro ⁄ Macro Translations.
MICRO ⁄ MACRO TRANSLATIONS 231
any knowledge of DNA was given the power to advise and oversee all
aspects of the forensic application of DNA profiling in the United States.
This transformation of TWGDAM is an example of the translation of
knowledge created through individual interactions into formal social
structure.
DNA Advisory Board
Other formal social structures were also brought into existence in the
1994 DNA Identification Act, including the DNA Advisory Board, which
was administered and headed by the director of the FBI (Federal Bureau of
Investigation 2000; Eisenberg 1999). The board’s mandate from Congress
was to rationalize the process of DNA profiling as much as possible by
making sure that any new federally funded DNA laboratories adopted the
FBI ⁄ TWGDAM procedures for making and interpreting DNA profiles. In this
way TWGDAM and the FBI became ‘‘obligatory passage points’’ (Callon
1986) for DNA profiling—to get federal funding, new laboratories had to do
it the FBI’s way.
232 LINDA DERKSEN
National DNA databank
The 1994 DNA Identification Act also legislated the creation of a
national DNA databank (National DNA Indexing System) which contains sev-
eral different databases of DNA profiles, including those of offenders con-
victed of violent crimes.10 Each participating state creates and maintains a
Combined DNA Indexing System (CODIS) database, and the FBI provides,
free of charge, all software installation, personnel training, and support for the
CODIS system. The National DNA Indexing System became operational in
1998. By then, all 50 states had passed legislation allowing or requiring the
collection of DNA samples from convicted felons. As of 2008, 170 law
enforcement agencies across the United States participated in CODIS, and
more than 40 law enforcement laboratories in 25 countries used the CODIS
software for their own DNA databanks. ‘‘Success’’ for CODIS is defined as an
‘‘investigation aided’’ which is ‘‘hit,’’ or a match between two DNA profiles
that would not have occurred otherwise. As of February 2007, CODIS had
produced over 45,400 hits and assisted in more than 46,300 investigations
(Federal Bureau of Investigation 2007, 2007a).
CODIS is an information infrastructure (Bowker and Star 1999:6), a new
system of individual classification which exists as numbers stored in a system
of computer databases that link participating Unites States and international
databases relatively seamlessly. It is a formal, rationalized, macro social struc-
ture which brings into relation many individuals across a large expanse of
space. There are a vast number of social relationships required for CODIS to
work. Law enforcement agents must collect the evidence properly, a pristine
chain of custody must be maintained, and technicians in laboratories across
the country must follow the FBI ⁄ TWGDAM protocols for producing DNA
profiles closely enough so that the profiles are comparable with those produced
in other laboratories. DNA profiles are stored in CODIS as sets of numbers,
molecular weights of convicted offenders’ DNA fragments, accurate within
the accepted error standards discussed in the ‘‘Quantifying Measurement
Error’’ section above. The information is stored as immutable numbers, which
endure through time without degradation. Dissolved within these objective
numbers are the subjective judgments of practitioners, the messiness of prac-
tice, and interpretational flexibility. The knowledge and practical politics of
classification and standardization dissolved within CODIS resulted in a system
of surveillance and control, justified to the public as a something which helps
to protect them from violent criminals.
Recall that Randall Collins argues that ‘‘[t]he macro structure exists
only as the aggregation of micro situations in space, across time, and in
the number of situations of various kinds and of people who take part in
MICRO ⁄ MACRO TRANSLATIONS 233
them’’ (R. Collins 1988:396, emphasis added). As a macro structure,
CODIS is not only the ‘‘aggregation of micro situations in space….’’ It also
has material existence, and its authority and legitimation come from formal
written rules.
Is the existence of NDIS and CODIS a story of FBI power and hege-
mony? Absolutely.11 And whether that is deemed to be good or bad, it is
important to see that the social structures of NDIS and CODIS are the
outcome of knowledge production: the successful standardization and stabiliza-
tion of DNA profiling protocols and methods and the successful erasure of all
the situated human labor and interaction involved in its creation.
National Commission on the Future of DNA Evidence; the DNA AnalysisBacklog Elimination Act; the Paul Coverdell Forensic Sciences ImprovementAct, and the Innocence Protection Act
Through the late 1990s forensic DNA technology continued to become
more entwined in the fabric of the criminal justice system and the wider soci-
ety, as more and more formal bodies came into being to deal with different
aspects of the technology. Each formal body and each act of legislation further
legitimated the technology. In 1998 then Attorney General Janet Reno com-
missioned the National Commission on the Future of DNA Evidence with a
mandate to work at the interface of science and the law to maximize the value
of DNA evidence, particularly with regard to incarcerated individuals that
might be exonerated by DNA evidence (Leary 2000). Members were drawn
from law enforcement, defense and prosecution lawyers, the National Acad-
emy, trial and appellate judges, victim advocates, laboratory personnel,
ethicists, and academic and forensic scientists. This Commission recommended
that post-conviction DNA testing be permitted in the cases in which was
deemed to be appropriate. In 2000, Congress passed the DNA Analysis Back-
log Elimination Act and the Paul Coverdell Forensic Sciences Improvement
Act, which together authorized an additional $908,000,000 over 6 years for
forensic DNA-related grants.
In direct response, Congress passed the Innocence Protection Act of 2001
to reduce the risk that innocent persons may be executed by making funding
available for post-conviction DNA testing in Federal and State systems. The
act notes that through the use of DNA testing, more than 80 people had been
exonerated in post-conviction hearings, including 10 individuals on death row,
some who were within days of execution.
The Innocence Project
The first Innocence Project was co-founded by Barry Scheck and Peter
Neufeld, who were defense counsel in the 1989 Castro murder case, and who
234 LINDA DERKSEN
wholeheartedly spearheaded efforts to de-rail the technology in its early years.
Scheck and Neufeld were also lobbyists for the Innocence Protection Act,
which legislated that the government pay for DNA tests which could prove an
inmates’ innocence (Chebium 2000:2). The first Innocence Project was at the
Benjamin N. Cardozo School of Law at Yeshiva University in New York City,
and as a national organization it continues to be housed there. The Cardozo
Innocence Project relied on the volunteer labor of law students and attorneys,
who reviewed thousands of cases from incarcerated people who claim that
they have been wrongfully convicted, usually of rape or murder. When appro-
priate, the Innocence Project arranged for DNA tests that might help to sup-
port their claim of innocence. The Innocence Project has grown to become a
national organization dedicated to using DNA testing to exonerate those who
have been wrongfully convicted (Innocence Project 2008). As of July 2008,
218 persons had been exonerated of crimes they did not commit, more than
half of whom were African American.
Conclusion
At the micro level, human beings, in interaction with each other and with
nature, create, assign, and produce meanings to ⁄ for properties of nature.
Because this is done through the interaction of situated human actors, making
new meaning involves human agency, but not absolute, unconstrained agency.
The decisions taken during the knowledge production process are decisions
constrained by pre-existing and emergent structures, norms, and practices, and
by the ‘‘resistance’’ of the physical world (Pickering 1993, 1995). Science is
an activity where novelty is highly prized—and scientists are in the business
of establishing new relationships between signs and referents. When this is
done successfully, and all traces of the maker are hidden, the outcome is an
objective scientific knowledge. The institution of science is a master at cloak-
ing, hiding, and erasing the conditions of the production of knowledge, and it
does not give up its social origins easily.
The portions of the history of DNA profiling covered in the article pro-
vide examples of how knowledge, order, and social structures produced at the
micro level were translated into macro social structures. In the early stages
(1988–1992), most of the structures were informal, taking the form of consen-
sus among individuals and groups. As the knowledge and group structures
became more stable, they were both taken up, and translated into more formal
agreements and social structures. New meanings became shared with wider
groups of people, helping them to become more stable. TWGDAM attained
such credibility that both the knowledge it had helped to stabilize, and its own
group status as arbiters of that knowledge, were entrenched in formal legisla-
tion. As more formal structures were formed which utilized knowledge about
MICRO ⁄ MACRO TRANSLATIONS 235
DNA profiling, the more stable the epistemic and ontological status of DNA
testing became.
Some of the structures formed during the stabilization of DNA profiling
were meant to be permanent, such as CODIS and TWGDAM; and some
played a transitory, but important role in the stabilization process, such as the
DNA Advisory Board and the National Commission on the Future of DNA
Evidence. The creation of new social structures and the institutionalization of
new forms of knowledge is particularly important because once institutions
are formed, they tend to persist. Embedding knowledge about DNA profiling
in the formal social order also stabilized the epistemic status of that same
knowledge. As Weber argued, laws and legislation are perhaps our most
formal structures. They are created in assemblies of elected officials, they
are enforced in courts of law, and they are inextricably bound up with the
ideas which we hold to be true about the natural world, and the groups which
created that knowledge.
ENDNOTES
*I would like to thank Kenneth Allan, Chantelle Marlor, and Jane Camerini for helping to
clarify my thinking about the issues covered in this article. Please direct correspondence to Linda
Derksen, Ph.D., Chair, Department of Sociology, Vancouver Island University, 900-5th Street,
Nanaimo, BC, Canada V9R 5S5; e-mail: [email protected] my purpose in this article is to use a case study to explicate a theoretical process
involving micro ⁄ macro links, many other SSK studies do the same kind of work. Studies of this
type cover many fields, such as the interface of government, science, and the law (Cole 1998;
Jasanoff 1990, 1995); the development of expertise among AIDS treatment activists and their
effects in changing clinical trial protocols (Epstein 1996); the social processes by which expert
advice is successfully (or not) produced and sustained (Hilgartner 2000). Other important studies
show how the development of standards and classification shapes our world (Bowker and Star
1999; Lampland and Star 2009), including the new medical ‘‘gold standard,’’ evidence-based medi-
cine (Timmermans and Berg 2003).2Thomas Kuhn argues that there is always an ineradicable gap, or a variable amount of
‘‘error’’ between the values predicted by a theory and those measured in practice (Kuhn
1977:182).3The FSRTC had a mandate to ‘‘develop methods that can help resolve or define or charac-
terize evidence found in crime scenes’’ (Budowle 1997). The FSRTC also had a mandate for train-
ing, education, and acting as an information source for the crime laboratory community. The FBI
had its own in-house publication to disseminate information across the entire forensic laboratory
community, the Crime Laboratory Digest, published in affiliation with the forensic community’s
professional association, the American Society of Crime Laboratory Directors (ASCLD).4The FBI’s own research team was composed of six people with Ph.D.s and three or four
biological science technicians. Other than the head of the training center, Dr. Bruce Budowle,
members of the FBI team had to be trained in the required molecular biology techniques. When
TWGDAM was formed, the only people with expertise in the interpretation of DNA profiles were
236 LINDA DERKSEN
the newly trained members of the FBI’s Forensic Science Research and Training Centre, two peo-
ple from the Royal Candian Mounted Police (RCMP) (John Waye and Ron Fourney), and Dade
County’s Roger Kahn.5In her book, Epistemic Cultures, Knorr Cetina (1999) shows that different sciences have dif-
ferent cultures of knowing. Based on extensive ethnographic research into the social worlds of
high-energy physics and molecular biology, Knorr Cetina shows that each science has a specific
culture of knowledge production. She contrasts the epistemic cultures of the two sciences by argu-
ing that in molecular biology, the individual scientist becomes the measurement instrument: their
bodies become highly trained in manipulating instruments and their vision becomes increasingly
disciplined over the course of a career. The individual biography of a particular scientist will
affect their skill set and their modes of interpretation. In contrast, in high-energy physics, the
group is the unit that conducts experiments—individual physicists have little to do with a particu-
lar experiment, and thus the biographical experience, or the tacit bodily knowledge of any given
scientist is irrelevant. Experiments may take years and involve hundreds of people. And, perhaps
most importantly, individual scientists are not able to see or interpret the results of an experiment.
All interpretation is done by computer. She finds no evidence for a common scientific method, but
much evidence for vastly different epistemic cultures—each science has its own epistemological
conventions and rules.6See also Hilgartner (2000) for another example of a National Academy of Science commit-
tee which failed to achieve order among themselves. In a committee on diet and health, there was
such bitter dispute on the committee that the Chairman of the National Academy of Sciences can-
celed the publication of the final report. Hilgartner uses Goffman’s dramaturgical theory to frame
his analysis. He claims that in 1 successful reports, the National Academy committees successfully
maintained a divide between the backstage where negotiation, compromise and dissensus thrived,
and the frontstage where consensus reigns supreme. On the frontstage, the panels of blue ribbon
experts self consciously present themselves and the advising body as competent, credible, knowl-
edgeable, and trustworthy. Hilgartner argues that when this process is successful, it results in the
production of credible science advice.7While it is beyond the scope of this article to trace the individual interactions which led to
the passing of this act, it is safe to assume that like the other social structures in this article, this
act originated from many micro level interactions.8Perhaps reflecting a concern that previously convicted persons not be targeted by law
enforcement agencies, or that the DNA of convicted felons be put to eugenic-like uses, the
DNA Identification Grants Improvement Act of 1995 amended the 1994 act in a way that would
avoid the potential scapegoating of specific categories of individuals. The amendment explicitly
forbids the use of DNA profiles stored in DNA databanks to be used to ‘‘formulate statistical
profiles for use in predicting criminal behavior’’ (p. 2). I believe the concern motivating the
amendment was the protection of individual privacy, and to protect individuals who had a DNA
profile in the databank from being pre-emptively categorized or being identified as being at high
risk for recidivism.9A latent effect of the process of stabilizing knowledge about DNA profiling is the profes-
sionalization (Abbott 1988) of the crime laboratory community, with the jurisdiction to self-police
through the American Association of Crime Laboratory Directors.10Combined DNA Indexing System (CODIS) contains several different sets of profiles,
including a convicted offender database, a forensic database of unknown DNA profiles collected
from crime scenes, a database of arrested persons (if state law permits), a missing persons
database, a database of DNA from unidentified human remains, and a database of DNA profiles
contributed voluntarily by relatives of missing persons (Federal Bureau of Investigation 2008).
MICRO ⁄ MACRO TRANSLATIONS 237
11The FBI provides, free of charge, all software for CODIS, along with installation, training,
and support. As noted above, federal grant money for the creation and development of DNA labo-
ratories is tied to the following FBI protocols and quality assurance standards.
REFERENCES
Abbott, Andrew. 1988. The System of Professions. An Essay on the Division of Expert Labor.
Chicago and London: University of Chicago Press.
Alexander, Jeffrey and Bernard Giesen. 1987. ‘‘From Reduction to Linkage: The Long View of
the Micro–Macro Link.’’ Pp. 1–44 in The Micro-Macro Link, edited by Jeffrey C. Alexander,
Bernard Giesen, Richard Munch, and Neil J. Smelser. Berkeley, CA: University of California
Press.
Allan, Kenneth. 1995. Structuralism, Postmodernism, and the Micro-dynamics of Culture. Ph.D.
dissertation, Department of Sociology, University of California, Riverside, CA.
Andrews V. State of Florida. 1988. 533 So.2d 841 (Fla.App.5 Dist. 1988), pp. 841–50.
Archer, Margaret. 1988. Culture and Agency: The Place of Culture in Sociological Theory.
Cambridge, UK: Cambridge University Press.
——— 1990. ‘‘Human Agency and Social Structure: A Critique of Giddens.’’ Pp. 47–56 in
Anthony Giddens. Consensus and Controversy, edited by J. Clark, C. Modgil, and S. Modgil.
London, UK: The Falmer Press.
Aronson, Jay D. 2007. Genetic Witness. Science, Law and Controversy in the Making of DNA
Profiling. New Brunswick, NJ: Rutgers University Press.
Barnes, Barry. 1977. Interests and the Growth of Knowledge. London, UK: Routledge and Kegan
Paul.
Berg, Marc. 1997. Rationalizing Medical Work: Decision-Support Techniques and Medical
Practices. Cambridge, MA: MIT Press.
Bohme, Gernot and Nico Stehr, eds. 1986. The Knowledge Society. The Growing Impact of
Scientific Knowledge on Social Relations. Dordrecht: D. Reidel.
Bourdieu, Pierre. 1977. Outline of a Theory of Practice. London, UK: Cambridge University Press.
———1984. Distinction: A Social Critique of the Judgement of Taste. Cambridge, MA: Harvard
University Press.
———1985. ‘‘The Genesis of the Concepts of Habitus and Field.’’ Sociocriticism 2:11–24.
Bowker, Geoffrey C. and Susan Leigh Star. 1999. Sorting Things Out: Classification and Its
Consequences. Cambridge, MA: MIT Press.
Budowle, Bruce. 1997. Interview by telephone. San Diego, California, April 14.
Callon, Michel. 1986. ‘‘Elements of a sociology of translation: Domestication of the Scallops and
the Fishermen of St Brieuc Bay.’’ Pp. 196–233 in Power, Action and Belief: A New
Sociology of Knowledge? edited by John Law. London, UK: Routledge.
CBC News Online. 2008. David Milgaard Timeline. Available from: http://www.cbc.ca/news/
background/milgaard/. Accessed June 30, 2008.
Chakraborty, Ranajit and Kenneth K. Kidd. 1991. ‘‘The Utility of DNA Typing in Forensic
Work.’’ Science 254:1735–39.
Chebium, Raju. 2000. ‘‘Innocence Project Credited with Expanding Awareness of DNA Testing in
Law Enforcement.’’ Retrieved October 30, 2001. <http://archives.cnn.com/2000/LAW/12/22/
innocence.project.crim/>.
238 LINDA DERKSEN
Clarke, Adele. 1990. ‘‘A Social Worlds Research Adventure.’’ Pp. 15–42 in Theories of Science in
Society, edited by S. E. Cozzens and T. F. Gieryn. Bloomington, IN: Indiana University Press.
———1991. ‘‘Social Worlds ⁄ Arenas Theory as Organizational Theory.’’ Pp. 119–158 in Social
Organization and Social Process: Essays in Honor of Anselm L. Strauss, edited by
D. Maines. Hawthorne, NY: Aldine de Gruyter.
Cohen, Joel. 1992. ‘‘The ceiling principle is not always conservative in assigning genotype
frequencies for forensic DNA testing.’’ American Journal of Human Genetics 51:1165–68.
Cole, Simon. 1998. ‘‘Witnessing Identification: Latent Fingerprinting Evidence and Expert
Knowledge.’’ Social Studies of Science 28(5–6, October–December):687–712.
Coleman, James S. 1986. ‘‘Social Theory, Social Research, and a Theory of Action.’’ American
Journal of Sociology 91(6):1309–1335.
Collins, Harry M. 1974. ‘‘The TEA Set: Tacit Knowledge and Scientific Networks.’’ Science
Studies 4:165–86.
———1985. Changing Order. Replication and Induction in Scientific Practice. London, Beverly
Hills, New Delhi: Sage.
Collins, Randall. 1988. Theoretical Sociology. San Diego, CA: Harcourt Brace Jovanovich,
Publishers.
———1992. ‘‘The Romanticism of Agency ⁄ Structure versus the analysis of the Micro ⁄ Macro.’’
Current Sociology 40(1):77–97.
Daemmrich, Arthur. 1998. ‘‘The Evidence Does Not Speak for Itself: Expert Witnesses and the
Organization of DNA-Typing Companies.’’ Social Studies of Science 28(5–6, October–
December):741–72.
Deadman, Harold. 1999. Retired Special Agent – FBI, and Professor at George Washington
University, Washington, DC. Telephone interview, July 16.
Derksen, Linda. 2000. ‘‘Towards a Sociology of Measurement: The Meaning of Measurement
Error in the Case of DNA Profiling.’’ Social Studies of Science 30(6):803–45.
——— 2003. ‘‘Agency and Structure in the History of DNA Profiling: The Stabilization and
Standardization of a New Technology.’’ Ph.D. dissertation, Department of Sociology and
Science Studies Program, University of California, San Diego.
Devlin, Bernie, Neil Risch, and Kathryn Roeder. 1993. ‘‘Comments on the statistical aspects of
the NRC’s report on DNA typing.’’ Journal of Forensic Science 39:28–40.
Eisenberg, Arthur J. 1999. ‘‘The United States DNA Advisory Board and Its Role in Setting
Quality Assurance Standards.’’ Presented at the 1st International DNA User’s Conference. In
Quality Assurance and Training. Retrieved April 16, 2002. <http://www.interpol.int/Public/
Forensic/dna/conference/QualityAssurance03.asp>.
Epstein, Steven. 1996. Impure Science: AIDS, Activism, and the Politics of Knowledge. Los
Angeles, CA: University of California Press.
Federal Bureau of Investigation. 2007. CODIS-NDIS Statistics – Measuring Success. Available
from: http://www.fbi.gov/hq/lab/codis/clickmap.htm. Accessed August 21, 2008.
——— 2007a. Measuring Success. Available from: http://www.fbi.gov/hq/lab/codis/success.htm.
Accessed August 14, 2007.
——— 2008. CODIS Combined DNA Indexing System. Pamphlet. Available from: http://www.
fbi.gov/hq/lab/pdf/codisbrochure2.pdf. Accessed August 21, 2008.
Federal Bureau of Investigation, Laboratory Division. 2000. The FBI’s Combined DNA Index
System Program CODIS. Forensic Science Systems Unit, (202), 324–9441.
Fischer, Eric. 1997. Personal Interview, Library of Congress, Washington, DC, May 8.
Giddens, Anthony. 1979. Central Problems in Social Theory: Action, Structure and Contradiction
in Social Analysis. Berkeley and Los Angeles, CA: University of California Press.
MICRO ⁄ MACRO TRANSLATIONS 239
——— 1982. Profiles and Critiques in Social Theory. Berkeley, CA: University of California
Press.
———1984. The Constitution of Society. Berkeley and Los Angeles, CA: University of California
Press.
Hilgartner, Stephen. 2000. Science on Stage. Palo Alto, CA: Stanford University Press.
Innocence Project 2008. Available from: http://www.innocenceproject.org/. Accessed July 2, 2008.
Jasanoff, Sheila. 1990. The Fifth Branch: Science Advisors as Policymakers. Cambridge, MA:
Harvard University Press.
———1995. Science at the Bar. Cambridge, MA and London, UK: Harvard University Press.
Kahn, Roger Dr. 1999. Director of Forensics, Ohio State Attorney General’s Office. Telephone
interview, July 6.
Knorr Cetina, Karin. 1992. ‘‘The Couch, the Cathedral, and the Laboratory: On the Relationship
Between Experiment and Laboratory in Science.’’ Pp. 113–138 in Science as Practice and
Culture, edited by A. Pickering. Chicago, IL: University of Chicago Press.
———1999. Epistemic Cultures. How the Sciences Make Knowledge. Cambridge, MA; London,
UK: Harvard University Press.
Kolata, Gina. 1992a. ‘‘U.S. Panel Seeking Restriction on Use of DNA in Courts.’’ The New York
Times. Retrieved Tuesday, April 14, 1992; p. 1.
———1992b. ‘‘Chief Says Panel Backs Courts’ Use of a Genetic Test.’’ The New York Times.
Retrieved Tuesday, April 15, 1992; p. 1.
Kuhn, Thomas. 1977. ‘‘The Function of Measurement in the Physical Sciences.’’ Pp. 178–224 in
The Essential Tension: Selected Studies in Scientific Tradition, edited by Thomas Kuhn.
Chicago, IL: University of Chicago Press.
Lampland, Martha and Susan Leigh Star. (Eds.) 2009. Standards and their Stories: How
Quantifying, Classifying and Shape Everyday Life. Ithaca: Cornell University Press.
Lander, Eric S. 1989. ‘‘DNA Fingerprinting on Trial.’’ Nature 339(15):501–505.
——— 1991. ‘‘Invited Editorial: Research on DNA Typing Catching Up with Courtroom
Application.’’ American Journal of Human Genetics 48:819–23.
Leary, Mary Lou. 2000. ‘‘Introduction.’’ Retrieved April 16, 2002. <http://www.ojp.usdoj.gov/nij/
topics/forensics/events/dnasummit/trans-7.html>.
Lempert, Richard. 1997. Personal interview. San Diego, CA, January 27.
Lewontin, Richard C. 1997. Personal Interview. Harvard University, Cambridge, MA, May 6.
Lewontin, Richard C. and Daniel Hartl. 1991. ‘‘Population Genetics in Forensic DNA Typing.’’
Science 254:1745–50.
Lynch, Michael. 1991. ‘‘Method: Measurement – ordinary and scientific measurement as
ethnomethodological phenomena.’’ Pp. 77–108 in Ethnomethodology and the Human
Sciences, edited by Graham Button. Cambridge, UK: Cambridge University Press.
Lynch, Michael, Simon Cole, Ruth McNally and Kathleen, Jordan. 2009. ‘‘Truth Machine: The
Contentious History of DNA Profiling. Chicago: University of Chicago Press.
Megill, Allan. 1991. ‘‘Introduction: Four Senses of Objectivity.’’ Annals of Scholarship
8(3–4):301–21.
National Research Council. 1992. DNA Technology in Forensic Science. Washington, DC:
National Academy Press.
———1996. The Evaluation of Forensic DNA Evidence. Washington, DC: National Academy Press.
Newall, Pamela Dr. 1999. Director, Centre of Forensic Sciences, Toronto, Ontario. Telephone,
June 22.
People v. Castro. 1989. 545 N.Y.S.2d (Su1989), New York, pp. 985–99.
Pickering, Andrew. 1993. ‘‘The Mangle of Practice: Agency and Emergence in the Sociology of
Science.’’ American Journal of Sociology 99(3):559–89.
240 LINDA DERKSEN
——— 1995. The Mangle of Practice: Time, Agency and Science. Chicago, IL: University
of Chicago Press.
Poovey, Mary. 1998. A History of the Modern Fact: Problems of Knowledge in the Sciences
of Wealth and Society. Chicago, IL: University of Chicago Press.
Porter, Theodore. 1992a. ‘‘Quantification and the Accounting Ideal in Science’.’’ Social Studies of
Science 22:633–52.
——— 1992b. ‘‘Objectivity as Standardization: The Rhetoric of Impersonality in Measurement,
Statistics, and Cost-Benefit Analysis.’’ Annals of Scholarship 9(1–2):19–60.
———1995. Trust in Numbers – The Pursuit of Objectivity in Science and Public Life. Princeton,
NJ: Princeton University Press.
Ritzer, George. 1990. ‘‘Micro-Macro Linkage in Sociological Theory: Applying a Metatheoretical
Tool.’’ Pp. 347–70 in Frontiers of Social Theory: The New Syntheses, edited by G. Ritzer.
New York: Columbia University Press.
Roberts, Leslie. 1991. ‘‘Fight Erupts Over DNA Fingerprinting.’’ Science 254:1721–23.
Shapin, Steven. 1982. ‘‘History of Science and Its Sociological Reconstruction.’’ History of
Science 20:157–211.
———1994. The Social History of Truth. Chicago: Chicago University Press.
———1996. The Social History of Truth. Chicago, IL: Chicago University Press.
——— 2001. ‘‘Truth and credibility: Science and the social study of science.’’ P. 15926 in
International encyclopedia of social and behavioral sciences, edited by N. J. Smelser and
P. B. Baltes. Oxford, UK: Cambridge University Press.
Shapin, Steven and Simon Schaffer. 1985. Leviathan and the Air Pump: Hobbes, Boyle and the
Experimental Life. Princeton, NJ: University of Princeton Press.
Thompson, William C. 1994. ‘‘Evaluating the Admissibility of New Genetic Identification
Tests: Lessons from the ‘DNA Wars’.’’ Journal of Criminal Law and Criminology
84:701–81.
Thompson, William C. and Simon Ford. 1990. ‘‘Is DNA Fingerprinting Ready for the Courts?’’
New Scientist 125:38–43; 1710, March 31.
——— 1991. ‘‘The Meaning of a Match: Sources of Ambiguity in the Interpretation of DNA
Prints.’’ Pp. 93–152 in Forensic DNA Technology, edited by M. Farley and J. Harrington.
Chelsea, MI: Lewis Publishers.
Timmermans, Stefan and Marc Berg. 1997. ‘‘Standardization in Action: Achieving Local
Universality Through Medical Protocols.’’ Social Studies of Science 27:273–305.
——— 2003. The Gold Standard: The Challenge of Evidence-Based Medicine and Standardization
in Health Care. Temple University Press: Philadelphia, PA.
Turner, Victor. 1976. The Forest of Symbols. Ithaca and London: Cornell University Press.
Tyler, Tracey. 1997. ‘‘DNA clears Milgaard. British tests point finger at another man in 1969
slaying.’’ The Toronto Star. Retrieved July 19, 1997. p. A1.
United States v. John Ray Bonds, Mark Verdi and Steven Wayne Yee. 1993. 12 F. 3d 540 1993
U.S. Appeal (1993), Toledo, OH, pp. 1–103.
Weir, Bruce S. 1993. ‘‘Forensic population genetics and the National Research Council (NRC).’’
American Journal of Human Genetics 53L:1107–13.
Wenger, Etienne. 1998. Communities of Practice, Learning, Meaning and Identity. Cambridge,
UK: Cambridge University Press.
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