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Dna in criminal investigations research paper
Use of DNA in criminal investigations
Forensic science chapters 1
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DNA was collected from a small blood stain on Ms Lees’s T shirt which was located on the left shoulder and examined. The result produced a profile which was identical to the DNA profile of Bradley Murdoch. The forensic scientist stated that this DNA profile is at least 640 million times more likely if it had come from the accused than it had come from a non-related person selected at random. DNA evidence had a huge impact on the case because it linked the accused’s presence to the event at Barrow Creek.
In addition, Ms Carmen Eckhoff, the investigating forensic scientist had also found a small portion of DNA on the gear sticks and the steering wheels from the couple’s Kombi van. She reported obtaining “ an extremely weak and partial DNA” on the gear stick
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knob and the relative frequency is “approximately 1 in 678 individuals in the Northern Territory and includes the accused. In October 2004, Ms Eckhoff flew to UK and handed the DNA sample found on the swab to Dr Whitaker of the Forensic Science Service Laboratory at Wetherby. Dr Whitaker and his team developed a technique called “Low Copy Number” which allowed examining of a very small DNA portion.
Sample from the steering wheel showed a mix DNA sample and Dr Whitaker was unable to exclude the Peter Falconio, Ms Lees or the accused as being one of the main contributors. However, a mix profile found on the gear stick knob would be best explained if there were two sources of DNA. In his assessment of DNA bands, only small amount came from the deceased and the rest were all represented in the profile of the accused. Objection was raised from the defence concerning the evidence from the steering wheels and gear stick knob were contaminated by Dr Whitaker while he was carrying out his testing and was not available for them to conduct an independent test on behalf of the accused. Nevertheless, objection was declined because Dr Whitaker pointed out his methodology didn’t alter or destroy the DNA in anyway. Another issue was brought up regards to the validity and reliability of “Low Copy Number” technique. Senior counsel who appealed for the accused, Dr Katrin Both referred to the above technique as “very dangerous” and “pushing science to its limit” and identified several different areas which concerned her. Plus the fact
that Wetherby was the only laboratory in the world that used the technique to test DNA sample raised questions on its reliability and validity. Judge later accepted the evidence of Dr Whitaker because his methodology and research had been accepted by other scientists in the scientific community and also reviewed by an independent organisation referred to as UK Accreditation Service. This further enhanced the connection of the accused’s presence to the assault of Joanne Lees and disappearance of Peter Falconio.
In the Forensic case #356228, the skeletal remains found in January 2009 in a deer hunting area were those of a black male greater than the age of 45. The jury felt based upon the evidence provided that the skeletal remains found were that of Robert Rutherford and the accused, John O’Hara was guilty as charged. The incidence was speculated to have happened around four years ago, when the defendant and the victim were in a quarrel over the hunting area. Due to the fact that John O’Hara went to confession more in February 2009, indicated that he had a guilty conscience. John O’Hara was known for hunting in the area and based on the evidence provided the jury speculated that he shot Robert Rutherford possibly from his deer stand, resulting in his death.
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
...idence in the conviction of Melanie McGuire. According to Champod (2004), Beth Dunton may have skipped important steps necessary to collecting fingerprints from the trash bags. If fingerprints had been collected from the trash bags, this could have cleared Melanie or added to the mountain of evidence against her. According to Rossmo (2009), all of the circumstantial evidence gathered by investigators could have been declared coincidental. There was no “smoking gun” to convict Melanie. Despite possible errors, the investigative team was successful in remaining free of bias being that the evidence collected by two different investigative teams led to Melanie McGuire as the suspect and ultimately to her conviction. Human error is inevitable while conducting investigation, but ultimately a jury of peers found Melanie McGuire guilty of the alleged crimes (Glatt, 2008).
That night, many witnesses reported having seen a man changing the tire of his van and waving any possible help away angrily while others reported seeing a woman wandering around the side of the dangerous highway. More witnesses reported that Kenneth and his wife were having many violent disputes at their home that usually resulted in Kenneth pursuing an angry Yvonne around the block. The most compelling evidence against Mathison, however, is purely scientific. Detective Paul Ferreira first noticed that the extensive blood stains inside the Mathison van. After hearing Mathison’s original account, he summoned the assistance of famed forensic expert Dr. Henry Lee to analyze what he thought was inconsistent evidence. Blood stains on the paneling and the spare tire in the cargo area reveal low-velocity blood stains meaning that the blood probably dripped from Yvonne’s head onto the floor. The stains found on the roof and steering wheel were contact transfer patterns probably caused by Mathison’s bloody hands. Blood stains on the driver’s side of the van were contact-dripping patterns which indicate that Mathison touched the inside of the van multiple times before and after moving his wife’s body. The final groups of blood stains on the instrument panel of the van were medium-velocity stains which show investigators that Mathison probably struck his wife at least once in the front seat causing the blood to fly from her open head wound. The enormous amounts of blood inside the van lead prosecutor Kurt Spohn to investigate the Mathison case as a murder instead of a misdemeanor traffic violation.
In certain situations, it is necessary to identify DNA retreived from a sample. When there is a
The theory of DNA, simply stated, is that an individual’s genetic information is unique, with the exception of identical twins, and that it “definitively links biological evidence such as blood, semen, hair and tissue to a single individual” (Saferstein, 2013). This theory has been generally accepted since the mid-80s throughout the scientific community and hence, pursuant to the 1923 Frye ruling, also deemed admissible evidence throughout our justice system.
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...
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
...jury. DNA is a very complicated subject and using statistics and numbers can be confusing and misleading to the jury. By accepting the defense’s suggestion to use the NRC report, the judge gave the defense a push in their direction.
the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/
DNA profiles can be used to identify individuals, allowing evidence to be used both as a means of convicting the guilty and as a means of exonerating the innocent. People can leave traces of their DNA at a crime scene because it is inside every cell of their body. DNA can be extracted from blood, semen, saliva or hair roots left at a crime scene using a chemical process. Tiny amounts of DNA can be extracted from a single cell – such as cells shed from someone’s skin when they touch an object. Police can also collect biological samples from suspects, usually by scraping some cells from inside their cheek. If the DNA profile from an individual matches the DNA profile from a crime scene it is therefore highly likely that the blood, semen or saliva left at the crime scene came from them. Also, in a paternity test, the mother’s DNA profile is compared with the child’s to find which half was passed on by the mother. The other half of the child’s DNA is then compared with the alleged father’s DNA profile. If they don’t match, the ‘father’ is excluded, which means he isn’t the father of that child. If the DNA profiles match, the ‘father’ is not excluded - which means there is a high probability that he is the father. In both of these cases, the DNA profile is much like a “genetic fingerprint”, and if there are records kept such as birth certificates and social security numbers, then DNA profiles make just as much sense to keep.
Before the 1980s, courts relied on testimony and eyewitness accounts as a main source of evidence. Notoriously unreliable, these techniques have since faded away to the stunning reliability of DNA forensics. In 1984, British geneticist Alec Jeffreys of the University of Leicester discovered an interesting new marker in the human genome. Most DNA information is the same in every human, but the junk code between genes is unique to every person. Junk DNA used for investigative purposes can be found in blood, saliva, perspiration, sexual fluid, skin tissue, bone marrow, dental pulp, and hair follicles (Butler, 2011). By analyzing this junk code, Jeffreys found certain sequences of 10 to 100 base pairs repeated multiple times. These tandem repeats are also the same for all people, but the number of repetitions is highly variable. Before this discovery, a drop of blood at a crime scene could only reveal a person’s blood type, plus a few proteins unique to certain people. Now DNA forensics can expose a person’s gender, race, susceptibility to diseases, and even propensity for high aggression or drug abuse (Butler, 2011). More importantly, the certainty of DNA evidence is extremely powerful in court. Astounded at this technology’s almost perfect accuracy, the FBI changed the name of its Serology Unit to the DNA Analysis Unit in 1988 when they began accepting requests for DNA comparisons (Using DNA to Solve Crimes, 2014).
Prime, Raymond J., and Jonathan Newman. "The Impact of DNA on Policing: Past, Present, and
Forensic science has been in practice for centuries; the first textbook on forensic science was printed in China during the 1200's; in the early 1800's, a technique was developed the first test to identify arsenic in the blood stream; the early 1900's lead to the development of using fingerprinting to identify victims and suspects. While these discoveries where important in criminal investigation, they were only the beginning. Only recently has forensic science significantly refined its techniques and accuracy. Today scientists can locate, identify and trace the tiniest of particles, and identify victims and suspects, beyond a reasonable doubt through DNA analysis. This evolution in forensic science is a prosecutor's dream; while a defense attorney's nightmare. Forensic science has made great strides.