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Use of DNA fingerprinting in criminal justice
How has DNA led to solving crimes
The importance of DNA evidence
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Recommended: Use of DNA fingerprinting in criminal justice
The amount and types of evidence needed to convict a suspect varies in courts from country to country around the world. DNA evidence, an important part of crime solving today, is also used and interpreted differently in the court systems of all countries. According to “Issues in Gathering, Interpreting, and Delivering DNA Evidence” by Judge Andrew Haesler, in countries such as New South Wales and both North and South Australia DNA evidence alone cannot determine guilt, but in the courts of Scotland and England there are no laws preventing conviction based on DNA evidence alone. Surprisingly, even the United States courts have rejected the idea that DNA evidence alone cannot convict (Haesler 5). This may be due to a jury’s reliance on scientific evidence, causing them to be willing to convict when DNA evidence is presented, but unwilling to convict in the absence of DNA evidence. This is known as the ‘CSI Effect.’ Juries in US courts also tend to expect DNA evidence in certain crimes, even when it is not relevant, and when it is presented it is often inaccurately used and interpreted when trying to convict a suspect (Shelton 1). Not only can DNA evidence be presented and interpreted wrongly, it can also be inaccurate due to the delicate nature of DNA and the tedious processes conducted to identify it. These inaccuracies lead to wrong convictions, sending innocent suspects to jail or even a death sentence. Often, cases like these are reopened later, and only then do courts realize they convicted the wrong suspect. Cases like these make one wonder why courts would not have the common sense to use DNA evidence to make a conviction only when other evidence is present to support it. Wrong accusations could be prevented worldwide if DNA... ... middle of paper ... ...case is based only on this piece of evidence that has the possibility of a lab mistake, the chance of an error should be taken into account. It should also be recognized because the simple solution to wrong convictions based on one piece of possibly inaccurate evidence is to stop making convictions based only on DNA evidence. As stated by Judge Andrew Haesler, “As judges, lawyers, experts and potential jurors, we want evidence and results that make our already difficult jobs easier. We would love so expert to ease the burden of our judgement by saying, ‘This is the answer.’” (Haesler 9). However, as DNA technology stands today, it is not perfect, nor will it ever be. DNA evidence can never be a certain way to convict a suspect, it can only be used as support to convict a suspect along with other relevant evidence. DNA evidence alone does not suffice for conviction.
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
As we learned this week, DNA databases are used by various governmental agencies for several different purposes. We all have seen new magazine shows such as, 20/20 or Dateline, that show the collection of DNA samples from suspects in a case that is compared to those collected at the scene of the crime. But what happens when the sample is an incomplete match, compromised, or contaminated? The answer is the wrongful conviction of innocent citizens. The case that I have decided to highlight, is the wrongful conviction of Herman Atkins. In 1986, Atkins was convicted of two counts of forcible rape, two counts of oral copulation, and robbery in the state of California. It was alleged that Herman entered a shoe store, and raped, beat, and robbed a
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
Deoxyribonucleic acid (DNA) is an acclaimed extraordinary discovery that has contributed great benefits in several fields throughout the world. DNA evidence is accounted for in the majority of cases presented in the criminal justice system. It is known as our very own unique genetic fingerprint; “a chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called 'DNA fingerprinting ')” (Duhaime, n.d.). DNA is found in the nuclei of cells of nearly all living things.
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
Crime is a common public issue for people living in the inner city, but is not limited to only urban or highly populated cities as it can undoubtedly happen in small community and rural areas as well. In The Real CSI, the documentary exemplified many way in which experts used forensic science as evidence in trial cases to argue and to prove whether a person is innocent or guilty. In this paper, I explained the difference in fingerprinting technology depicted between television shows and in reality, how DNA technology change the way forensics evidence is used in the court proceedings, and how forensic evidence can be misused in the United States adversarial legal system.
Such devastating mistakes by eyewitnesses are not rare, according to a report by the Innocence Project, an organization affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University. The Innocence Project uses DNA testing to exonerate those wrongfully convicted of crimes. Since the 1990s, when DNA testing was first introduced, Innocence Project researchers have reported that, “Seventy three percent of the two hundred thirty nine convictions overturned through DNA testing were based on eyewitness testimony” (Loftus xi). One third of these overturned cases rested on the testimony of two or more mistaken eyewitnesses. How could so many eyewitnesses be wrong? This paper will identify a theoretical framework that views eyewitness testimony ...
Since the early settlers first stepped foot on what is now the United States of America, capital punishment has been reserved as a form of punishment for the people who have committed some of society’s most heinous crimes. Recently, support of capital punishment has begun to erode due to the advancements of DNA technology and groups, such as the Innocence Project. Capital punishment, however, remains to be an appropriate form of punishment for someone convicted of capital crimes, and may be effective in deterring such offenses.
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
On June 12, 1994, the bodies of Nicole Brown Simpson and Ronald Goldman were found dead at her home in Brentwood, CA. Orenthal James Simpson, or O.J. Simpson was notified of their deaths and immediately taken into custody for questions. Upon the collection of various pieces of evidence from the crime scene, all avenues pointed to Simpson as the culprit for the double murder. The conclusion of Simpson criminal trial resulted in his acquittal. There were various reasons for this acquittal. The most prominent reasons include accusations of racism, evidence contamination, and the lack of faith in DNA profiling. This paper will discuss the issues that arose with the trial in depth and offer an explanation and solution to resolving issues so that the issues do not repeat themselves in the future from the lack of knowledge and from learning from the mistakes of previous cases such as this one.
Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Singer, Julie A. "The Impact Of Dna And Other Technology On The Criminal Justice System: Improvements And Complications."Albany Law Journal Of Science & Technology 17.(2007): 87. LexisNexis Academic: Law Reviews. Web. 10 Mar. 2014.
Bad math in court is something that happens over and over again and because of it, many innocent victims have been jailed and punished unjustly over the years. The problem is not some sort of miscalculation, but the refusal of the court to recalculate. More than often enough, the judge refuses to reexamine the collected DNA in an investigation case. What the people of the court fail to realize at times is that probability is not a one off thing, it is something that should be repeated at least more than once and can even be repeated over and over again. The flipping of a coin is frequently used to explain this logic and will be explained in following paragraphs. Sometimes statistician will state that there is only a one in a million chance (or some other ludicrously large number) that the defendant is innocent; but then they fail to examine: what is that 1, what are the chances that the accused that that one in a million? In this paper, I will be discussing the issue of ‘bad math in court,’ why it happens and how something as simple as probability can get innocent people out of jail.
Over the years technologies used in the criminal justice system have continued to become more advance and more difficult for the average person to understand. One of these relatively new and advanced ways investigators are getting evidence is deoxyribonucleic acid also know simply as DNA. DNA is the building block to life; everything that has ever lived has had DNA. DNA is a blueprint for your body that determines everything about you. This is good because DNA is unique to every person for the exception of identical twins. The certainty that all DNA is unique is very high. DNA is found in all types of body fluids such as blood, skin, sweat, tears, semen, vaginal secretions, salvia, urine and hair. These are often left behind at different crime scene’s depending on the type of crime. For instance if you were investigating a homicide you could look for blood at the crime scene. Another example would be if you were investigating a rape, you could try and get a sample of semen or vaginal secretion. DNA can be found just about anywhere, the hard part is finding and collecting it. (Deoxyribonucleic Acid, 2014)
However, the concept of excluding reliable evidence for reasons unrelated to the guilt of the accused is fundamentally flawed; disregarding the pursuit of truth and justice in the pursuit of principles far less honourable. The ‘misguided sentimentality’ of excluding illegally obtained evidence “regards the zealous officer of the law as a greater danger to the community than the unpunished [criminal]” . By failing to admit the databank profile of Mr Toki, society is adopting the illogical concept that we must burden the errant conduct of law officers by deliberately disregarding the guilt of the accused. This is a policy argument that is supported by the comments in Hansard “I firmly believe that the rights of the community and the rights of the country must come first.” In pursuit of the goal of protecting the community it is important to “increase the database’s size by adding more identified DNA profiles. This bill will facilitate the growth of the database and the resolution of unsolved