Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Umuc research paper for forensic disciplines .pdf
Umuc research paper for forensic disciplines .pdf
Critical analysis of DNA evidence in courts
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Umuc research paper for forensic disciplines .pdf
Introduction:
The science of statistics refers to two distinct areas of knowledge. One area refers to the analysis of uncertainty and the other area refers to the listing of events, counts of entities for various economic, social, and scientific purposes. It is for these reasons that statistics can be of great value within the area of forensic science. Evidence that is used within a legal setting, contains doubt, which means that this evidence requires some statistical and problematic reasoning which plays an imperative role in the criminal investigation, prosecution and trial. Statistical and problematic reasoning also plays a major part in relation to forensic scientific evidence, such as DNA, which is produced by an expert witness.
In criminal cases, it is important that everyone is able to understand and deal with probability and statistics correctly. Throughout history, many criminal cases have been plagued by misunderstandings relating to statistical information and probabilities that contribute towards incorrect judgements and convictions.
Lucia de Berk Case:
In 2004, a Dutch case surrounding Lucia de Berk, was based on statistical evidence. This particular case showed the risks that occurred when statistical evidence invited problematic “coincidence” reasoning. Lucia de Berk was a paediatric nurse that was found guilty of seven murders and three attempted murders. Her victims were children in her care at the Juliana Children’s Hospital in The Hague. The court was told by that more children had died on her shifts, under her care, that was possible by chance. Dr Henk Elffers told the court that the odds of her presence being a coincidence was approximately one in 340 million. Such a large figure was extremely potent and i...
... middle of paper ...
... between 18 and 60 in the local area in which the rape had occurred.
• If the chance that the crime was committed by a local man was 75%, it makes the odds at 200,000 to 1.
• There is a 1.8million chance that the accused is guilty.
• There is a one in 3.6 million to one chance that the accused is guilty based solely on other evidence, not the DNA evidence.
• There is a one in two chance that the guilty person will give alibi evidence
• Assuming the chance that the accused is not guilty on DNA evidence is one in 200,000,000.
• 200,000,000 should be divided by 3,600,000, giving a result that the chances that the accused is guilty of 55 to one.
It was determined that the jury wasn’t aware of the more logical and common sense ways in which they could have evaluated the DNA evidence. The jury wasn’t correctly made aware of the meanings or implications on Bayes Theorem.
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
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
The court must find more evidence and not to depend on eyewitness testimony and to look for the best people as possible. Besides, there more evidence that DNA testing. Eyewitness must be proven in order to arrest the right suspect and question the suspect to get more evidence in steady of keeping in prison for false witness. The police for tracking everywhere the suspect went and people the suspect contact with that time. It will solve the problem by asking the eyewitness question and the suspect questions to see if both things they said
ways, such as not having DNA evidence, not enough information about the crime, and lastly
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Along with eyewitness identification, unreliable forensic science has been the cause of around 50% of wrongful convictions overturned by DNA testing (understand the causes). There are three factors that lead to unreliable or improper forensic science. They are the absence of scientific standards, improper forensic testimony, and forensic misconduct (understand the causes). The absence ...
How often do people get wrongly accused in the United States for serious crimes, leaving villainous criminals free? According to Tom Spring, at the Ohio State University, about 10,000 people in the United States are wrongly convicted of serious crimes each year. In a trial, there is a 0.027 percent chance that a person is wrongly convicted. Meaning that there is a 99.09292 percent chance that the court system is correct (Hughes). With a strong court system one would think that the chances of getting wrongly accused for a huge crime such as a murder are slim. For Jason Baldwin, Damien Echols, and Jessie Misskelley, they were a part of the 0.027 percent that had their lives taken from them. What causes someone to be wrongly accused? Is it the lack of DNA, the
No justice system can produce results that are one hundred percent conclusive. Mistakes can and will be made (Message from the Prosecuting Attorney). Despite ...
middle of paper ... ... Despite working for Precrime for a long time, Anderton was shocked to learn that such important information was not told. Since there are times when there is a “minority report” the outcome of a prediction of a future murder is rather uncertain. Even if there is a small possibility of a “minority report” there could still be a possibility that the perpetrator or murderer would not commit the murder attempt.
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.
"The Innocence Projectan." The Innocence Project - About Us: FAQs:How Many People Have Been Exonerated through DNA Testing? Benjamin N. Cardozo School of Law at Yeshiva University, n.d. Web. 25 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.
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the
The use of Bayes’ Theorem in legal cases have long been controversial for several of these reasons:
From Lydia’s case, we can see the science such as DNA testing can prove the true in a court, and it is enough to be evidence which would let people die.