Bibliography
Melley, Brian. "Man is cleared after 16 years; DNA ties crimes to fugitves." Miami Herald 24 November 2015: 12A.
Luis Vargas was released from prison after serving 16 years of wrongful convictions such as; rape and sex assault. DNA evidences proved that he was not the person that committed those offense. He was sentenced to prison for 55 years to life. He was very emotional as Judge William Ryan dismissed the case. During the court appearance, the court was filled with Vargas’s family and California Western School of Law students. Due to his immigration status, he was taken back into custody by the Department of Homeland Security. His lawyers believe that he should be getting let go due to the fact that he was a legal resident
This paper examines Carrell et al’s research along with three other scholarly research articles to better understand the effects that the DNA recovered from a crime scene has on a particular case and the forensic science community.
When a crime has been committed, it is up to investigators and the courts to determine how to obtain a DNA sample from a suspect. Problems arise when an individual feels his or her Fourth Amendment rights have been violated when it comes to reasonableness of obtaining DNA, since many individuals feel they should be protected from unreasonable search of their person, home, and personal effects. There are several factors that need to be considered how to legally obtain DNA from a suspect. These can include warrant and probable cause issues, totality of circumstances, whether the crime in question is a violent felony, and if the suspect has been arrested, or previously arrested and convicted
One of several errors in the trial was a reckless omission by a forensic scientist who testified for the prosecution. Semen was found on the victim’s body, the scientist testified, and Dominguez’s blood type matched the semen sample, meaning he could have been the perpetrator. The scientist did not tell the jury, however, that two-thirds of men in America would have matched that sample. Dominguez was convicted and sentenced to nine years in prison. He was released after serving four years and sought DNA testing at his own expense. The tests proved his innocence. His case is one of many in which limited forensic science or wrong forensic testimony has led 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.)
re-opened and subjected to DNA testing with the hope of solving them. (Nelson, M. (2011)
"DNA Evidence Frees Illinois Man Convicted Of Rape, Murder In 1984." NPR. NPR, 11 Feb. 2015. Web. 25 Jan. 2017.
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
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
Deoxyribonucleic acid (DNA) has been used to analyze and prove innocence or guilt of suspects of crimes with great accuracy. DNA is part of everyday life. It is the heredity material in humans and almost all other organisms. While being part of an investigation. DNA has helped to solve crimes. There is a couple ways that DNA left behind can be tested to solve a crime. Either if the suspect has been caught and or had his or her DNA tested, or if he or she has left behind any biological evidence. Which then needs to be tested to see if it matches the DNA found in the crime scene to his or hers DNA. The result to this comparison may help establish if the suspect committed the crime.
There have been many incidents where cases have needed a solid prosecution in order to convict the defendant in a murder or rape case. This is where DNA Testing comes in to help. By taking a DNA test, a person can be found guilty or not guilty. If a person claims they have been raped there can be a sperm sample taken from the suspect in order to prove that he is guilty or not. In addition, in a murder case there can be blood taken from the suspect so they can tell of his innocence. There are several ways to determine whether a person is guilty or not by this method. Many cases have begun to use this method saying that it is foolproof. People say this is the method of the future of crime
DNA evidence is extremely helpful in criminal trials not only because it can determine the guilt of a suspect, but also because it can keep innocent people from going to jail. The suspect must leave a sample of their DNA at the crime scene in order for testing to occur, but DNA can be found in the form of many things such as semen, blood, hair, saliva, or skin scrapings. According to Newsweek, "thousands of people have been convicted by DNA's nearly miraculous ability to search out suspects across space and time… hundreds of innocent people have also been freed, often after years behind bars, sometimes just short of the death chamber" (Adler ). Though some may think it is a waste of time to go
A review of false convictions that involved forensic science and can help identify critical lessons for forensic scientists as they perform testing, interpret results, render conclusions, and testify in court from the national institute of justice.
Recent advancements in DNA technology have improved law enforcement’s ability to use DNA to solve old cases. Original forensic applications of DNA analysis were developed using a technology called restriction fragment length polymorphism (RFLP). Although very old cases (more than 10 years) may not have had RFLP analysis done, this kind of DNA testing may have been attempted on more recent unsolved cases. However, because RFLP analysis required a relatively large quantity of DNA, testing may not have been successful. Similarly, biological evidence deemed insufficient in size for testing may not have been previously submitted for testing. Also, if a biological sample was degraded by environmental factors such as dirt or mold, RFLP analysis may have been unsuccessful at yielding a result (Turman).
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.