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Eyewitness testimony is both fundamentally unreliable and over-relied upon
DNA and crime
DNA and crime
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DNA Testing on Death Penalty Inmates Inmates on death row don’t have many excuses not to be executed after their sentence, but there is one thing that has provided a second chance for the innocent. DNA (deoxyribonucleic acid) testing is a method used to identify the unique genetic code of human beings; no two codes are alike. DNA testing for inmates on death row is an advancement that has proven the innocence of many resulting in their life being saved. Another positive includes a foolproof way of proving innocence and it also shows where our justice system fails and is proved wrong in certain occasions. There are more positives than just the three listed above, but these are the most important of them all. The lives of the inmates on death row have been greatly influenced by the advancement in technology, which ultimately saved their lives and gets them exonerated from prison almost immediately.The American Civil Liberties Union states "In the U.S., as of September 2011, 273 people, including 17 death row inmates, have been exonerated by use of DNA tests" (“DNA”). These inmates either falsely admitted to a crime that they did not commit or they might have been misidentified by witnesses. Eyewitness misidentification is the greatest cause of inaccurate convictions nationwide. This has …show more content…
Washington was misled by authorities and was sentenced to death. He served 16 years in jail (14 of them being on death row) before he was exonerated due to DNA testing (“DNA”). John Norman Huffington was in prison for nearly 32 years. His conviction then was then put to an end after DNA testing showed that the hair they found at the crime scene wasn’t a match to his (“OP-ED”). Another case was about Willie Jerome Manning. He was hours from death when his lawyers won a case to try and exonerate him so they could do DNA testing
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
In certain situations, it is necessary to identify DNA retreived from a sample. When there is a
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
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.
. DNA can be left or collected from the hair, saliva, blood, mucus, semen, urine, fecal matter, and even the bones. DNA analysis has been the most recent technique employed by the forensic science community to identify a suspect or victim since the use of fingerprinting. Moreover, since the introduction of this new technique, there has been a large number of individuals released or convicted of crimes based on DNA left at the crime scene. DNA is the abbreviation for deoxyribonucleic acid.
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.
First and foremost is the Michael Mosley case. Michael Mosley was convicted murdering a couple ten years ago (Wurtman, 2011). Two other men were cleared when Mosley’s DNA was found at the scene of the murder (Crowe II, 2012). Also, there was a palm print on the wall and further DNA on the sheets in the bedroom (Wurtman, 2011). In contrast to all the evidence, Mosley’s attorney offered an alternative reason and painted a picture of different events to explain Mosley’s DNA’s presence (Wurtman, 2011). However, the jury didn’t buy the defense’s story, and Michael Mosley’s conviction led to a call for the DNA database to be worked on with the most interesting fact being that Michael Mosley had no DNA in the system until seven years later than the crime (Crowe II, 2012).
The Death Penalty Should Be Enacted In Illinois Due to the recent releases of newly exonerated Death Row inmates, individuals and organizations are calling for a moratorium- a cooling off period for state executions. The cases of just a few inmates makes it apparent that this would be a necessary step to save innocent lives. After 17 years in prison, Illinois Death Row inmate Anthony Porter was released from jail after a judge threw out his murder conviction following the introduction of new evidence. This reversal of fortune came just two days before Porter was to be executed. As reported in USA Today, Porter's release was the result of investigative research as conducted by a Northwestern University professor and students. The evidence gathered suggested that Porter had been wrongly convicted. Were these new revelations and the subsequent release of Porter a lucky break or a freak occurrence? Not likely, reports DeWayne Wickham, also of USA Today. He points out that since the reinstatement of the death penalty in the United States in 1976, of those sentenced to death, 490 people have been executed while 76 have been freed from Death Row. This calculates into one innocent person being released from Death Row for every six individuals that were executed. This figure correlates with the 1996 U.S. Department of Justice report that indicates that over a 7-year period, beginning in 1989, when DNA evidence in various cases was tested, 26% of primary suspects were exonerated. This has led some to conclude that a similar percentage of inmates presently serving time behind bars may have been wrongly convicted prior to the advent o...
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based on science, and participated in misconduct. False confessions have also been known to cause unlawful convictions. In some instances, police departments took part in transgression and interviewed their suspects in such an intense manner that a false confession was used cease the interrogation. To imagine that there are innocent people rotting in prison is appalling and something must be done. To prevent wrongful convictions, legislatures should form commissions and policies to reform flawed procedures.
DNA analysis is a scientific process among the newest and most sophisicated of techniques used to test for genetic disorders, which involves direct examination of the DNA molecule itself (Lyman, 2014) . Today crime labs use mtDNA analysis. This type of analysis allows smaller degraded pieces of DNA to still be successfully tested (Lyman, 2014) . There are several steps taken when analyzing DNA in forensics. When testing scientists must first isolate the DNA so it is not contaminated and can't be used. Lab technicians the take small pieces of the DNA, conserving as much as they can encase they need to test again. Once testing is done the next step is determining the DNA test results and finally there is the comparison and interpretation of the test results from the unknown and known samples to determ...
Once a crime has been committed the most important item to recover is any type of evidence left at the scene. If the suspect left any Deoxyribonucleic acid (DNA) at the crime scene, he could then be linked to the crime and eventually charged. A suspect’s DNA can be recovered if the suspect leaves a sample of his or her DNA at the crime scene. However, this method was not always used to track down a suspect. Not too long ago, detectives used to use bite marks, blood stain detection, blood grouping as the primary tool to identify a suspect. DNA can be left or collected from the hair, saliva, blood, mucus, semen, urine, fecal matter, and even the bones. DNA analysis has been the most recent technique employed by the forensic science community to identify a suspect or victim since the use of fingerprinting. Moreover, since the introduction of this new technique it has been a la...
the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/
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).
The death row not only consists of murderers, but it could also include a large number of innocent people whose lives are at risk. In the past 35 years, over 130 people have been taken out of the death row because of new evidence proving their innocence. This shows that the death penalty process is very faulty and contains many errors when it comes to convicting a person of a crime. There was an average of three exonerations per year from 1973 to 1999 which soon rose to an average of five per year between 2000 and 2007 ( Cary, Mary Kate). The ...
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.