Legal Aspects Of Dna Testing

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

Unfortunately, these shows also create a false expectation that clear and definite evidence can be shown for any case, which is not true. Jurors expect every case to have thorough scientific evidence from the best and most modern technology and to look exactly as it does on a television show (Shelton). Radford said, “Science does not operate on certainties.” During an investigation, scientists don’t ever say that the DNA being tested is a “match” to the suspect because nothing can ever be a definite match. Instead, their vocabulary consists of phrases such as

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

In some cases, such as murder there are some people that have been wrongfully accused. Due to wrongful practices, people have been convicted of circumstantial evidence. ``DNA is a very powerful tool . . . but it is circumstantial evidence like other pieces of circumstantial evidence and a proper investigation still has to take place,'' she said. (Matthew, n.d.).

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)

Contamination can occur when transferring DNA or the collection of DNA evidence. In the case involving Mr. Farah, he was wrongful charged of rape although he had appealed in the High Court with the basis of the scientists not having said he was undisputedly the perpetrator. The scientists said that it was a very small chance that it was not Mr. Farah which he argued was still a reasonable doubt. The judges dismissed the case within twenty minutes but it was later found that the evidence was contaminated. Other examples include R v. Rendell (1999) and R v. Carroll (2002.)Though technology is advancing, the process of collecting, processing and analyzing DNA has faults. There needs to be more training, procedures and checks put in place for the system to be effective. Faults in evidence presents to be ineffective justice as although the jury weighed up the evidence, there was inadequate access to allow him to refute the claims and lead to wrongful convictions.

Behavioural privacy also plays a significant role in genetic profiling, as it is a technology which is frequently being enhanced, requiring constant review and law reform, ensuring that justice will be present, both presently and in the future, to protect the rights of each individual. Behavioural privacy refers to the use of genetic profiling predicting the past in an inadequate, unjust manner, as to restrict the confidentiality of individuals. Issues on genetic profiling, specifically behavioural privacy have arisen and been expressed in an article titled ‘Call to control police use of DNA’, as Associate Professor Jeremy Gans, of Melbourne Law School says ''Australian legislation leaves rape victims, just like their rapists, exposed to investigation aimed at determining their connection with any unsolved crime on a jurisdiction's DNA database''. This is present, as the Crimes Act 1914, division 7A section 23XX, part two, which states that inadmissibility of evidence from improper forensic procedures etc., does not apply where “(a) a provision of this Part required forensic material to be destroyed; and

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

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.

With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong

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.