Duties and Difficulties of Investigating and Prosecuting Biocrimes

Abstract Biological warfare has been used longer than most conventional weapons, yet international and domestic response protocol and regulations designed to effectively manage, investigate, and prosecute biocrimes have only recently been implemented. Even with such protocol and regulations, significant difficulties arise in the investigation and prosecution of perpetrators. This article will identify and describe many of these challenges, beginning with the scope of biocrimes, which can generally be defined as a malevolent use of pathogens or toxins to harm others. Other challenges surrounding the investigation of biocrimes which will be addressed within this article include: identifying what biological agent caused an illness or disease outbreak; characterizing the event as a deliberate attack or a naturally occurring outbreak; and balancing an infected person’s civil liberties with conducting a thorough and accurate investigation. The final significant challenge of investigation and prosecuting biocrimes is the extremely high cost of mistakes. Ultimately, this article recommends ways to remove some the challenges to investigating and prosecuting biocrimes through greater information sharing and standardized investigative and prosecutorial training.