I. Collecting DNA DNA collection is a good thing not only can it help catch the person responsible for an illegal crime, but it can also clear up a suspect’s name. In the case of Maryland v. King on April 2009 Alonzo Jay King was charged for first and second degree assault for scarring a crowd of people with a shotgun, he was arrested and as a part of their booking procedure, they swabbed Alonzo Jay King for his DNA. Kings DNA sample later resulted to be a match of a DNA sample in the system “CODIS” of a rape victim by the name of Vonette W.’s Salisbury. Vonnette was raped on September 2003 but had not gotten justice for the crime against her since the only evidence was the DNA sample of the semen that was swabbed. No matches were found in the data base until Alonzo Jay King was arrested. By collecting DNA, it can help lead to an arrest of a suspect and to be able to close cases.
The right time to collect DNA
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The collection of a sample of the suspects DNA, should be done prior to conviction. The samples of the DNA should be collected prior to conviction because the suspect can be linked and compared to other crimes as well. Many well argue that the DNA samples should be taken post-conviction because of the cost and the amount of time it takes to do DNA sampling. “post-conviction DNA testing, more often than not, provides either inconclusive results or, in many cases, confirms the guilt of the prisoner seeking testing. In addition, DNA testing is costly, time consuming, and provides an additional administrative burden on already over-extended state criminal justice systems.” (GWENDOLYN CARROLL,
The first DNA-based conviction in the United States occurred shortly after in 1987 when the Circuit Court in Orange County, Florida, convicted Tommy Lee Andrews of rape after DNA tests matched his DNA from a blood sample with that of semen traces found in a rape victim (Calandro, 2005). It was two years later that DNA was again ruled admissible in a Virginia state ruling. In the years that followed the use of DNA in trial proceeding was not disputed. It was not until the technique of obtaining the evidence was more largely used did the practice become questionable.
National Commission on the Future. (1999). Post-conviction DNA testing: recommendations for handling requests. Retrieved from The National Institute of Justice website: https://www.ncjrs.gov/pdffiles1/nij/177626.pdf
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.)
In Maryland, police officers are permitted to collect DNA from suspects who are arrested for crimes of violence, burglary, or attempted burglary. This has proven to be effective in identifying criminals. One of the criminals that was caught using DNA evidence, Alonzo Jay King, Jr. was extremely dissatisfied when he was linked to and charged for another crime when he was arrested and charged for assault. When his DNA was taken, law enforcement officers found that his DNA matched the DNA evidence of a previous rape case. Because of this discovery, King received the life sentence and decided to appeal his case, arguing that the MDCA (Maryland DNA Collection Act) was unconstitutional and violated the Fourth Amendment. The fundamental question
Wrongful Canada(Wrongful Convictions) A wrongful conviction is when somebody is accused and convicted of a crime in which they didn’t commit. There have been many cases of people being wrongfully convicted and having to spend years in jail before they finally be released, and sometimes not. There have been cases where people have been wrongfully convicted, spent their whole life in jail and eventually receive the death penalty and get killed for a crime that they didn’t commit.
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
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
that a DNA sample taken from a suspect could lead to an indictment or release of
“There have been 330 post-conviction DNA exonerations in the United States” (The Innocence Project, DNA Exonerations). While this number seems low, the amount shows that not using DNA evidence can lead to injustice in the form of wrongful convictions. The Innocence Project states that genetic evidence can prove that a person is innocent and that people have been proven innocent thanks to DNA testing. This statement shows that the testing of rape kits can free those blameless people from jail that were wrongly imprisoned for rape. Therefore, testing backlogged rape kits allow for many blameless people to finally have
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.
In addition to undeserved charges, DNA testing has exonerated hundreds of people for crimes in which they were convicted over the past few years. When DNA testing became readily available to the criminal justice system, crucial flaws began to surface. It was realized that people were serving hard-time for felony crimes they didn’t commit.
However, how much are these DNA tests really helping in finding the guilty and freeing the innocent? According to William C. Thompson, author of The Potential For Error In Forensic DNA Testing, “Errors in DNA testing occur regularly. DNA evidence has caused false incrimination and false convictions, and will continue to do so.” As much as this system is doing well it’s actually causing harm because of the endless amounts of errors it generates and the problems that arise from the errors.
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 forensics is a division of forensic science that focuses on the use of genetic material in criminal investigation to answer questions pertaining to legal situations, including criminal and civil cases. Through DNA testing, law enforcement officers are able to identify human remains or the individual responsible for a crime. DNA testing is a highly advanced scientific process that involves replicating the human DNA sequence to create a genetic map of an individual. Because of its reliability, DNA testing has become a significant factor in criminal cases. However, it has also been identified as having the potential to violate privacy and constitutional rights. The DNA identification process consists of five stages. These five stages
DNA testing has overthrown the way police collect evidence in a number of criminal cases, especially rape and murder and consequently had a large impact on many past cases. However there are many disadvantages to DNA testing, such as a challenge of accuracy, the costs of DNA testing and the possible misuse of DNA. The prospect of a national DNA database in Australia has been heavily criticised with complaints of invasion of privacy and stigma against those with terminal diseases.