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How DNA has helped the police
How DNA has helped the police
How DNA has helped the police
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Nicola Berkovic brings to her reader’s attention individual’s assumptions associated in the accuracy of DNA evidence. Berkovic writes that a lack of knowledge in relations to DNA evidence could be resulting in fallacious convictions, creating a requirement for protection within the legal justice system to further develop. Berkovic, along with Professor Field and many legal experts agree that it is vital for Jurors, judges and lawyers to become extensively educated in the understanding of DNA technology.
Berkovic references a survey established by Jane Goodman-Delahunty and Lindsay Hewson of Charles Sturt University conducted on 3600 potential jurors. The survey relieved the greater one’s knowledge is in DNA evidence, the poorer their chances
were in predominantly depending on it to convict someone. She explains that a 39 percent rise was present in the correctly answered questions provided throughout the survey after jurors had participated in a short educational lesson and DNA expert testimony. Berkovic states that, in short, individuals with a lack of knowledge in DNA evidence were significantly more likely to believe in the accuracy of it. Berkovic quotes Goodman-Delahunty in saying ‘Those who understand it better and understood some of the chinks and weaknesses in the DNA evidence that had to do with its weight were less likely to convict’. She goes on to write that these chinks may include the possibility for laboratories to make a miscalculation and also that an acknowledged ‘’DNA match’’ is not 100 percent credible. Berkovis also mentions a quote made by independent DNA consultant Brain McDonald of “There are some laboratories that will stretch the limits of the technology to the point where it is patently unreliable”. Berkovic acknowledges Goodman-Delahunty’s point of view by suggesting a lesson on DNA technology will provide all jurors an understanding of the evidence and therefore result in a reduced amount of wrongful convictions due to inadequate knowledge of evidence. Berkovic continues on by explaining a lack of knowledge and overlook of the science in DNA evidence can result in innocent people wrongfully convicted of crimes they didn’t commit, described as a ‘white coat effect’. Berkovic, then backs up Goodman-Delahunty’s comment by providing two previous wrongfully convicted cases due to a slipup associated with DNA evidence. Berkovic provides a stat that jurors are over than 30 times more likely to vote guilty on a sexual assault case if DNA evidence is permitted and associated to the defendant. Berkovic goes on to conclude with a quote made by Brian McDonald of “evidence is sometimes presented in a deliberately misleading way to give jurors the impression a defendants DNA is connected to a particular crime and it would be helpful if all courts used a tutorial to educate individuals about DNA evidence.
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 today's society no crime is a perfect crime, with the use of DNA testing and modern advancements in health and forensics even the smallest piece of someone's genome can be cultured and used to identify even the most devious of criminals. The use of DNA testing was able to help change the life of Gene Bibbins for the better and further proved how DNA testing is able to be used to help clarify who the culprit actually is. Gene Bibbins life was forever changed the night that he was unjustifiably arrested for aggravated rape which resulted in his being sentenced to life in prison, only for his case to eventually be reevaluated sixteen years after his conviction, leading to his exoneration.
“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.
Thompson, W. C. (1996). DNA Evidence in the O.J. Simpson Trial. University of Colorado Law Review, 827-857.
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.
the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/
The collection of DNA in an investigation is used most often to determine who the perpetrator(s) might be in a crime. There has been a rapid growth since its inception and legal and ethical issues have arisen. In the Double –Helix Double-Edged ...
... the crime scenes contain many mixtures of more than one person’s DNA, which can lead to false accusations. Even if there is evidence of a DNA match at the crime scene doesn’t mean that they committed the crime it depends on the evidence towards the person. Again criminals could still mess with the DNA and evidence of a crime scene, which can lead to many suspects of a crime. For example someone who wanted to falsely accuse a certain person could have planted a cigarette. But just because DNA of a person was there doesn’t mean it was them. DNA shouldn’t be the final proof because there could be many other things to prove a person’s innocence or guilt like getting a video of something that could possibly connect to the crime. Witnesses could be a big part in a crime as well because they could document everything they saw or heard and be used against a person in court.
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
Jasanoff, S. (1998). The Eye of Everyman: Witnessing DNA in the Simpson Trial. Social Studies Of Science (Sage Publications, Ltd.), 28(5/6), 713.
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.