The Future Potential of DNA Fingerprinting

The Tremendous Potential of DNA Fingerprinting

Abstract; This paper explors the effects DNA fingerprinting has had on the trial courts and legal institutions. Judge Joseph Harris states that it is the "single greatest advance in the search for truth since the advent of the cross examination (Gest, 1988)." And I tend to agree with Judge Joseph's assertion, but with the invention and implementation of DNA profiling and technology has come numerous problems. This paper will explore: how DNA evidence was introduced into the trial courts, the effects of DNA evidence on the jury system and the future of DNA evidence in the trial courts.

Any new technology being introduced into the scientific community is ususally received with great skepticism. Billings states " The use of fingerprinting for identification purposes was developed early in this century and has gained widespread acceptance. After its introduction, 20 years passed before the technique had been widely studied and validated, at least enough to gain general judicial acceptance (2)." DNA like fingerprinting was not initially widely excepted in either the judicial or scientific communities. The Frye standard though has been used to effectively introduce "novel" scientific evidence like DNA evidence into the trial courts.

Baird states " Frye was a 1923 Washington DC case which disallowed the admissibility of polygraph(lie detector) evidence (62)." The Frye standard states:

Just when a scientific principle or discovery crosses the line between the experimental and demonstratable stages is difficult to define. Somewhere in this twilight zone the evidential forces of the principle must be recognized and while courts will go a long way in ad...

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...is apparently here to say.

Works Cited

Billings, Paul R. DNA on Trial: Genetic Identification and Criminal Justice. California: Cold Spring Laboratory Press, 1992.

Cornelius, Ronda. "DNA-Evidence Finagling Delays Trials." Missourian

"DNA Evidence Gaining More Acceptance." USA Today August 1995 15.

Easteal, McCleod, and Reed. DNA Profiling: Principles, Pitfalls and Potential. Switzerland: Harwood Academic Publishers, 1991.

Gest, Ted. " DNA "Fingerprinting " is Facing a Major Legal Challenge from Defense Attorneys and Civil Libertarians."

U.S. News & World Report 31 October 1988.

Kolata, Gina. "DNA Tests Provide Key to Cell Doors for Some Wrongly Convicted Inmates." The New York Times

5 August 1994: A20.

Saltus, Richard. "DNA Fingerprinting: Its A Chance Of Probabilties." The Boston Globe 22 August 1994: 25.