DNA Forensic Essay

DNA testing was first used in criminal prosecutions in 1985 and is now admissible in all states. (Hails, 184) Scientific and legal communities seem to universally accept the use of DNA as “good” evidence. Questions could arise regarding testing procedures. There are several testing methods that have been proven reliable and easily pass general acceptance and scientific validity tests. This is causes number of Daubert cases questioning DNA to decline. “In most cases, the tests that are used are well established and do not require a separate hearing” (Hails, 160)

Contamination can occur when transferring DNA or the collection of DNA evidence. In the case involving Mr. Farah, he was wrongful charged of rape although he had appealed in the High Court with the basis of the scientists not having said he was undisputedly the perpetrator. The scientists said that it was a very small chance that it was not Mr. Farah which he argued was still a reasonable doubt. The judges dismissed the case within twenty minutes but it was later found that the evidence was contaminated. Other examples include R v. Rendell (1999) and R v. Carroll (2002.)Though technology is advancing, the process of collecting, processing and analyzing DNA has faults. There needs to be more training, procedures and checks put in place for the system to be effective. Faults in evidence presents to be ineffective justice as although the jury weighed up the evidence, there was inadequate access to allow him to refute the claims and lead to wrongful convictions.

I. Before the 1980’s, 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.

Beginning in the mid-1980s, the development of DNA analysis technology has revolutionised the field of forensic science within the criminal justice system. As the refinement of procedures and technology continues, even minute samples of biological material (including blood, saliva, semen and skin cells) are able to be analysed and used to link or acquit perpetrators of crimes. (Whitney, R n.d.)

Today in the crime world, DNA evidence is strongly accepted in solving crime cases. This is all based in part by allowing a crime laboratory to have a designated unit whose main goal is to analyze DNA evidence to aid investigators with positive outcomes in crime case solving. With that being said we are going to discuss the functions of a DNA unit within a crime lab as well as address the vital role these units play in solving crime.

Forensic evidence has been shown to be reliable due to many factors of evidence such as DNA, blood, fingerprints, etc.; however, many cases have shown that

DNA’s certainty is dramatized in today’s society, which gives lay people the impression that DNA is infallible; however, in the case of Wayne Butler and others, the fallibility of DNA is exposed. Wayne Butler was accused of sadistically murdering Natasha Douty who was found beaten to death on Brampton Island in 1983. Wayne Butler was vacationing on Brampton Island during the timeframe of the murder; however, claimed to be jogging during this time. After submitting a blood test, Butler was eliminated as a suspect. However, Butler was arrested in 2001 for this murder because semen, which was found on the towel at the crime scene, was found to be a match. The John Tonge Centre performed a DNA test on the evidence on the towel. Butler was found innocent after it was identified that the John Tonge Centre mislabeled the test tubes containing the crime scene evidence. (“DNA Evidence”) This case proves that DNA testing may not be as reliable as we think.

With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong

DNA technology has been used as a means to identify perpetrators of rapes and murders with a very high degree of reliability. However, interpretation of the evidence can be problematic at times. This problem comes into play when there are mixed sample’s, partial profiles and with contamination of the evidence submitted. Mixed samples

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

The DNA from the saliva was a perfect match with the DNA from the semen collected from the rape victims. Puetz, the investigator on the case defends the constitutionality of his evidence-gathering methods; the courts, he says, have held that once you've put out your trash, you've waived your right to keep the contents private, and "I don't see why the same wont hold true for saliva."(Adler).

DNA is deoxyribonucleic acid, which is found in almost all living things. DNA serves as a code for the creation and maintenance of new cells within an organism. Within humans, it is found in almost every cell. Although most of our DNA is found within the nucleus of our cells as nuclear DNA, a very small amount of our DNA is also found within the mitochondria as mitochondrial DNA. Because mitochondrial DNA is generally not used for solving crimes, for the purpose of this paper it will be disregarded.

Media such as mystery and crime television programs have made some procedures used by forensic scientists public knowledge so it would be easy for the perpetrator to know the sorts of evidence he could use to frame the innocent party. As seen in the Lydia Fairchild chimera case, DNA is seen by some as “100 percent foolproof”9 even though it can only tell us the probability that the DNA belongs to a certain person rather than someone else.10 Sometimes it is not definitive like in rare cases of chimerism and also in multiples, for example twins and triplets. It is important that people, especially people with legal authority like judges, remember that DNA is not necessarily perfect and to consider all possibilities and evidence before coming to a conclusion about a case.

The collecting of (STR’s) DNA are specific before investigators become infatuated with the wonders of DNA, they should first realize that the crime scene must be treated appropriately. (Saferstein, 2015) When the collection of evidence begins, biological evidence should be photographed close up and its location relative to the entire crime scene recorded through notes, sketches, and photographs. (Safterstein, 2015) If there are any shapes and positions of bloodstains which may provide information about the circumstances of the crime, an expert must immediately conduct an on-the-spot evaluation of the blood evidence. (Safterstein, 2015) “No attempt should be made to disturb the blood pattern before

DNA is one thing that every person has and makes everybody unique from one another. One controversial question that people ask these days are that if criminals should be forced to submit a DNA sample to be used in a database of DNA used by police to help with apprehending criminals. This topic is considered to be a controversial topic because many people believe that it has a lot of positive and negative outcomes. I had chosen this topic because I feel that it is an important thing that needs to be decided on the best solution since it could help out immensely. DNA evidence has been used since 1986 to help solve crimes and has been helpful in convicting criminals or helping wrongfully convicted criminals. This topic is very important since it will change the future of apprehending criminals. There are normally strong supporters and opposers to each topic which each have their own claims.