We will examine the importance of DNA in the conviction of Tommie Lee Andrews and the significance of this decision in the United States Judicial System. We will discuss an overview of some of the essential elements in conducting utilizing this DNA evidence and its repercussions. This case signified the first time in the United Sates that DNA evidence was actually admissible in court proceedings during a criminal trial. In 1986, in a neighborhood around the Orlando, Florida area a series of violent rapes had the city on edge. One of the victim 's names was Nancy Hodge, who was brutally raped at knifepoint by her attacker. She only briefly saw the attacker and was not able to immediately identify him due to his hands having covered her …show more content…
Due to the brief period that Hodge had been allowed to see her attacker, the prosecution felt that stronger evidence was needed to prove a connection. The brief 6-second glimpse that the victim Nancy Hodge obtained during her ordeal wasn’t considered viable enough for trial purposes (Lewis). This relatively new forensic investigation technic involving the use of DNA fingerprinting was in its infancy and was pioneered by a British scientist might hold the answer to convicting the rapist.
Because the mistrial of Andrews caught the prosecution off guard due to not having appropriate information or statistics of its viability, a new plan was needed. The prosecution felt that a stronger case against Andrews was needed to proceed in court. The prosecutor contacted a colleague familiar with principles of the DNA evidence in England for guidance. He then contacted a company in New York used to develop methods of DNA profiling or fingerprinting for assistance.
Once the results of testing were completed in this case, it positively matched two of the six rapes being investigated. The problems associated with this technology were that no real national database that was established or in place for complete comparison, and the since the technology was considered being fairly new it would require it to go through an
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
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)
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.)
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
False confessions have been a leading factor in destroying the lives of many innocent people. Since the advances of technology, victims of false confessions have been exonerated from the charges previously placed on them while others are still fighting for innocence or died a criminal. One technological advance that has exonerated many individuals is DNA testing. According to Randy James, DNA testing was discovered in 1985 and was first used in court to convict Tommie Lee Andrews (Time, 2009). Today many Americans are convicted because of false confessions that have not yet been overturned with new evidence (Kassin, 2014). Although DNA testing has led to freedom for many innocent Americans, there are still many innocent people who are locked
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.
This report acts as guidelines for handling post-conviction DNA testing. These guidelines explore the legal and biological issues. Also, a set of guidelines are recommended for prosecutors, defense counsel, judiciary, victim assistance and laboratory assistance. This report also examines the impact on DNA testing on exonerations.
Forensic science has become the greatest collective method for intelligence gathering of human identifiers. The forensic sciences are used around the world to resolve civil disputes, to justly the enforcement of criminal laws and government regulations, and to protect public health. Over the years, judges have trusted forensic methods without a second thought. DNA analysis is the most reliable method that forensic has, but how reliable is it? (Jonathan Jones, pbs). According to a group called The Innocence Project, “Misapplication of forensic science is the second most common contributing factor to wrongful convictions, found in nearly half (46%) of DNA exoneration cases” (Innocence project).
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
Because there are many different types of crimes, it is often difficult to find enough physical evidence to convict a person. For example, in rape cases there is usually only a small amount of physical evidence, so cases are based on word alone. Because of DNA testing we can now take samples from the victim and attempt to match the results with those of the suspect. Therefore, DNA is sometimes the only real way of determining the guilt or innocence of a suspect without having any witnesses. Since many rape cases are left unsolved, DNA testing is believed to be the most accurate way of keeping sex offenders off the street. Because of the growing trend of using DNA in rape cases especially, a company in Brooklyn now advertises a small flashlight-like device intended to be used to jab at attackers in order to collect a sample of his skin for later use (Adler). According to a study by Joseph Peterson, with the Department of Criminal Justice at the University of Illinois, DNA evidence does not have a major impact on the decision to either convict or acquit
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.
Every State in the Nation has a DNA database that allows for the collection of DNA profiles from offenders convicted of particular crimes. CODIS software enables State, local, and national law enforcement crime laboratories to compare DNA profiles electronically, thereby linking serial crimes to each other and identifying suspects by matching DNA profiles from crime scenes with profiles from convicted offenders. The success of CODIS is demonstrated by the thousands of matches that have linked serial cases to each other and cases that have been solved by matching crime scene evidence to known convicted offenders.