Over the past several years forensic science has included both negative and positive aspects in the incarceration of individuals. Testing of blood types commonly used with sexual assault cases, in the 1980s, with using blood types A, B and O frequencies were distributed and a database was created. Although the database could administer a percentage of individuals with common blood types it was unable to differentiate specific people. DNA testing became more prominent in 1989 and defendants that were once found guilty were being exonerated. Gary Dotson was the first to be incarcerated in 1979 due to serology evidence collected blood typing was conducted. After several years, of false imprisonment, further testing was done by conducting a Polymer
In March of 1985, Bloodsworth was sentenced to death. Through it all Bloodsworth maintained his innocence and in 1993 with the help of a new technique used to test for DNA, Bloodsworth got his chance to prove he was innocent. Bloodsworth became the first person ever to be exonerated from death row by DNA evidence. (Jain, 2001) In one
He affirmed that he didn't carry out the wrongdoings and introduced a justification, that he was at home when the violations occurred. A few witnesses certified his justification. Regardless of Towler's plausible excuse and the absence of physical confirmation binds him to the wrongdoing, he was indicted and sentenced to life .The sentence required by law on the grounds that the casualty was under 13 years of age. An extra 12-40 years were added to his sentence for the violations against the kid. Over 20 years after Towler was sentenced, Ohio ordered a law permitting DNA testing in extremely constrained conditions. Towler and the Ohio Innocence Project instantly documented an application for DNA testing, and access to testing was allowed in 2004. Presently, prosecutors were requested that send the pubic hair from the wrongdoing scene to be sent to the lab. The envelope touched base at the lab discharge. After one month, prosecutors said they were mailing material from under the casualty's fingernails. Again the envelope touched base at the lab discharge. In the long run, some dress worn by the casualties was sent to the lab. No semen was found on the dress, and testing finished. In 2008, Towler's case was one of the 30 included in a Columbus Dispatch arrangement on Ohio detainees who were looking for DNA tests that could possibly demonstrate their honesty. Towler and the Ohio Innocence Project asked for extra DNA testing under the new law, and the garments was retested, despite the fact that it had already tried negative for semen. The garments was tried utilizing a moderately new innovation called Y-STR testing, which confines male DNA by concentrating on the Y chromosome. In May 2010, the last and fourth round of DNA results returned. The Y-STR comes about because of the young lady's clothing avoided Raymond Towler as the culprit, at last clearing him after over 28 years in jail. Days after the fact, Towler was a liberated individual.
Forensic science and law are often seen as two opposing disciplines; forensic science is often presumed to be factual and law can be interpreted in multiple ways. Science and law reach conclusions in different ways which is an issue. Due to these differences, miscommunication is often the cause for miscarriages of justice. In order to address this problem, people working in the criminal justice system should have more knowledge of forensic science. There are many factors that contribute to the lack of understanding between forensic science and the people involved in the court process. Firstly, the adversarial model will be discussed in relation to how these procedures prevent effective communication between forensic evidence and lawyers. Secondly, the role that expert witnesses play in the presentation of scientific evidence and how jurors play a role in interpreting their evidence, will be considered. Thirdly it will be argued that lawyers and judges lack adequate knowledge of forensic science that is needed to conduct accurate trials. Lastly, possible solutions to improve the communication between forensic science and the actors involved in the criminal justice system. Juries, lawyers and judges should be more educated in understanding forensic science.
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)
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.
For Iowa Lakes Criminal Justice class Introduction to Corrections I read the book Bloodsworth By Tim Junkin for my book report. The book follows the story of a man named Kirk Bloodsworth. Bloodsworth was convicted and charged for the murder and rape of a nine-year-old girl in 1984. He was sentenced to death for those charges in Maryland and gas chamber was the execution put fourth. During his whole time in prison Kirk Bloodsworth said he was innocent. He researched everyday he could and read law book after law book. He researched about DNA testing something that was very new to the time, and he searched for a lawyer that would take on his case after he had been incarcerated for over nine years. DNA testing would become very beneficial to him.
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.
1982 - DNA testing is first used as evidence in court to exonerate a condemned prisoner.
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
1. Information regarding the Department of Corrections’ investigation of complaints related to several correctional officers will spread throughout the institution along certain channels (Stojkovic, Kalinich, Klofas, 2008). Starting with the prison warden this information will need to be efficient and accurate as it travels throughout the organization. Being that the prison warden will be the first to be informed of this information, the chain of command would be downward communication. This type of communication allows a clear passageway for the information to be sent to subordinates and provides for an effective management of the tone and delegation of the message (Stojkovic et al., 2008). The channels that are chosen in regards to the
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.
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
A Pre-sentence report is filed to the court earlier to sentencing discussing the offender's personal and family history and present living situation. The pre-sentence report is generally prepared by a court-authorized officer from a probation or other corrections department after a detailed pre-sentence investigation. An investigation includes a detailed look at an offender's background and social history, medical records and psychological reports – not just criminal record. Many times the court-authorized officer will ask the offender to fill out a history form that aids in the investigation and presentation of facts to the judge. This form usually provides information such as marital status, children, job history, religious preference and
Forensic science involves the use of science to solve criminal and civil crimes but mostly lies on the side of criminal investigations. It makes it possible to identify the criminals based on the DNA traces they leave behind. It involves analyses of blood, DNA and other evidences and later on uses the findings as evidence in the court of law. It helps in solving the various crimes in the world and this has been the greatest contributor to the growth of the sector. Cases that were previously considered impossible due to lack of evidenced tracing to the victim can now be solved using forensic science evidences. The essay aims at analyzing the different aspects of forensic science that are used in the process of solving criminal activities. It will also look at the different cases that forensic science was used to solve crimes in a court of law.