DNA testing Essay

DNA testing is the most accurate way to identify an individual, and should therefore be used to increase the effectiveness of our justice system. This brings to light the issue of genetic privacy. Society questions the motives of government in DNA collection and floods the media, which acts as an informal actor on the court, with ideas of this invasion of privacy and encroachment of biological liberties. The 2010 article, Create a National DNA Database? stated that “such sensitive information is prone to misuse, and one should not have such blind faith in the security of government access to it.” EPIC, the electronic privacy

This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community.

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)

Genetic profiling is a contemporary issue relating to the individual and technology which restricts access to unbiased decisions and privacy. Genetic profiling interferes with the individuals bodily, genetic and behavioural privacy, as it can be used for the benefit of identifying bodies to using the results of a DNA test to choose whether to employ one individual over another, due to future concerns. It can easily be argued that genetic profiling is in the need of law reform as a result of legal implications and the lack of individual’s rights.

DNA testing is a critical and accurate tool in linking accused and even convicted criminals for crimes, and should be widely used to assess guilt or innocence before jail sentences are imposed. It was started up by scientists Francis C. Crick and James D, Watson in 1953 as they had described the uses, structures and purpose of the DNA “deoxyribonucleic acid” genetic fingerprint that contains organism information about an individual (testing

Due to the uniqueness of DNA it has become a powerful tool in criminal investigations

DNA forensics can also narrow down suspect pools, exonerate innocent suspects, and link crimes together if the same DNA is found at both scenes. However, without existing suspects, a DNA profile cannot direct an investigation because current knowledge of genotype-phenotype relation is too vague for DNA phenotyping. For example, a profile from a first time offender that has no match in any database may give the information that the criminal is a left handed male of medium stature with red hair and freckles. It would be impossible to interview every man who fits that description. However, with available suspects, DNA forensics has many advantages over other forms of evidence. One is the longevity of DNA. Although it will deteriorate if exposed to sunlight, it can remain intact for centuries under proper conditions (Sachs, 2004). Because DNA is so durable, investigators can reopen old cases to reexamine evidence.

DNA is considered an individuals genetic fingerprint, thus it is exclusive to each and every individual. Since this exclusivity exists, DNA is a tool used for identification purposes. It has been utilized for investigations of serious crimes, identification of individuals killed in mass disasters, wars and paternity uncertainties1. Since the inception of the use of DNA in the 1980’s thousands of criminals have been caught and prosecuted with the help of DNA evidence2. Additionally, countless victims of mass disasters have been identified through DNA and returned to their loved ones. Although, there are various benefits to employing DNA it does not come without a sundry of ethical and legal concerns. The ethical concerns that have presented themselves are questions involving scientific reliability, DNA evidence in court, human rights, and finally the other uses of the DNA database.

In November of 1983, 15 year old Lynda Mann was found raped and murdered on a deserted road, and although police were able to obtain a semen sample from her murderer the case remained unsolved. In 1986 the killer struck again murdering 15 year old Dawn Ashworth, once again leaving behind semen, but this time the police were able to use DNA profiling to match the semen to a suspect. Colin Pitchfork became the first person to be caught based on mass DNA screening, and the first to be convicted based on DNA profiling. The use of Deoxyribonucleic Acid (DNA) in the criminal justice system has greatly tipped the scales in favor of law enforcement, and changed the world that we live in. Court cases that in the past relied heavily on eye witness testimony and circumstantial evidence now have science to back them up. DNA analysis has revolutionized the criminal justice system, and even though there are some flaws, the use of DNA evidence should continue to be used by law enforcement.

DNA comparisons are crucial when investigating crimes. Amanda Christopher’s home had a significant amount of forensic evidence behind that has yet to be determined. The Supreme Court has analyzed the issue as to whether or not use storing and using DNA was considered constitutional. Although, Pennsylvania is silent on the issue, several states have seen the need for the use and storage of DNA that is obtained of arrestees charged of serious crimes, such as felonies and sexual offenses. Analyzing both the federal and other states provides some guidance as to whether or not the use of previously obtained DNA is constitutional.

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

With regard to the US, where social science and STS research have, focused less on forensic databases and more on the production of expertise and evidence in court, Jay Aronson provided a historical account of the early practices, the scientific and legal controversies, and the ultimately successful acceptance of forensic DNA evidence in court in 2007. Another particularity of social science and STS research in this domain is that it has so far mostly concentrated its “high end” forensic technologies, namely those which received a lot of public attention because they were new, because stakeholders in the criminal justice system struggled to determine the parameters of scientific reliability and admissibility, or because they were prominently featured in the media. While the use of DNA analysis for police investigations and forensic casework dates back to the late 1980s, the second half of the 1990s marked the beginning of the quest to render DNA profiles systematically and routinely searchable and minable by setting up centralized DNA databases in many countries around the world. A DNA molecule is a long, twisting chain known as a double helix. DNA looks pretty complex, but it's really made of only four nucleotides: Adenine, Cytosine, Guanine, and Thymine. These nucleotides exist as base pairs that link together like a ladder. Adenine and Thymine always bond together as a pair, and Cytosine and Guanine bond together as a pair.

Some people are worried that if their DNA material fell into the wrong hands, criminals would then be able to intentionally fake their involvement in a crime. Some respondents also said that they would potentially feel uneasy knowing that a government would be able to track where they had been. Others felt that their genetic material is so personal, that no one but the person who owns the DNA should have access to their DNA profile. Though as stated previously, the main concern with DNA profiling, originates from the misconception that a DNA profile could to describe everything about you. It is illegal to discriminate against someone due to their race, sex and age, but insurance companies for example can and do discriminate against those who have BRCA 1 and 2 gene mutations, which can cause higher risks of prostate and breast cancer. The life insurance industry has agreed that it will not insist that people have DNA tests before taking out life insurance. If individuals have however had their DNA sampled, they must by law report the results to the insurance company. While the US and most European countries have introduced legislation to prohibit genetic discrimination, considerable suspicion and concern exist in the community over DNA sampling, because Australia has not yet introduced such

DNA taken from a suspect for the purposes of identification could be used to determine other genetic characteristics, but depending on the situation and reasoning for the other genetic characteristics, this information can be misused by the government, or discrimination. Although this is exploring another person's privacy, it can be used for the safety and understanding of that person’s crime. Aggression, family history, and personal health can be found through DNA, these factors can all be involved with the police/profiler jobs.