The Misuse of DNA
“Ask not what your country can do for you, but what you can do for your country?” (John F. Kennedy). This is true to today the justice system is broken, and it is up to the people to fix it. People like the innocence project have come to realize how bad the used of evidence really is in our justice system. Often times people are sentenced for crimes they did not commit which could have been prevented through DNA testing. The misuse of evidence in the justice system is a huge problem, which can be solved by testing and using DNA properly.
Inadequate evidence is causing wrongful convictions. DNA comes in many different forms. Often times there are things such as bottles, and more near the crime scene that are left because they are thought to be irrelevant. “Virtually all biological evidence found at crime scenes can be subjected to DNA testing” (Weedn and Hicks 2). This is big because it means there are tons of potential testing that is not happening. Evidence is all around and many cases now collect everything they can. Things such as finger nails, finger prints, cups, chewing gum, and more can be tested for DNA (Weedn and Hicks 2). Often times these things are overlooked or only tested for one thing instead of many. Any and all items
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There are many ways to make DNA more efficient. First off today they try to collect any and all DNA evidence they can (Weedn and Hicks 7). By collection as much DNA and evidence as possible it is less likely someone will be wrongfully convicted. Then using more than just juries to determine relevance of evidence and using all evidence available properly (“Times London” 4). By letting a jury decide what evidence is relevant they are susceptible to bias from defence or prosecution. This in makes it more likely for wrongful convictions. Finally a big problem is DNA and evidence
In McClure, Weisburd and Wilson (2008) summary article arguing that in addition to bench science, field experimentation involving forensic methods is key to assess the utility of various methods to solve crimes. The study reflected that there is a need for more research into many aspects of forensic science, criticizing the strength of scientific evidence that’s collected at a crime scene and interpretations of most forensic methods while omitting DNA testing. McClure et al’s (2008) explains that in sexual cases and homicides, the presence of DNA evidence actually increased the likelihood of prosecution and a conviction. According to the article “…the case of convictions, the odds-ratio for the presence of DNA evidence was 33.1 for sexual offenses and 23.1 for homicides” (McClure et al., 2008). Subsequently, the research shows that there was a consistent gradual decline in the national homicide rates that began in the 1900s and continued through into the 21st century. The decline of homicides in the US has dropped by from more than 90% in the 1960s to 62% in 2003. Even though this significant drop has occurred during the introduction of the new DNA testing
Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).
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.
The project has campaigned to expand rights of convicted and the right to undergo DNA evaluation. Some have wanted rights to utilize DNA testing because it was extremely avoid the innocence from serving time and reduce the number of convictions. They have created the organization to be sided with the suspect as they have no useful resources to proclaim their innocence and provide pro bono services and pays off all investigation and litigation costs of all
Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).
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
Between 1989 and 2010 a nonprofit watchdog and advocacy group reported that in the state of Illinois 85 people cases we overturned by D.N.A testing. This had cost the taxpayer in Illinois $214 million (Lydersen, 2011). There were overall 316 post-conviction DNA exonerations in this country since 1989, there have been an average of 1 per month (Johnson, 2015). The cost of wrongful conviction is extremely expensive. It cost the citizens of this country to
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
Deoxyribonucleic acid (DNA) has been used to analyze and prove innocence or guilt of suspects of crimes with great accuracy. DNA is part of everyday life. It is the heredity material in humans and almost all other organisms. While being part of an investigation. DNA has helped to solve crimes. There is a couple ways that DNA left behind can be tested to solve a crime. Either if the suspect has been caught and or had his or her DNA tested, or if he or she has left behind any biological evidence. Which then needs to be tested to see if it matches the DNA found in the crime scene to his or hers DNA. The result to this comparison may help establish if the suspect committed the crime.
Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based
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
There are often mistakes made that falsely determine an individual’s sentence. Sloppy police work and loss of documents are examples of careless errors. There is also some room for error with determining the results of a DNA sample that do not fall under the human error category. Many times there may not be ample DNA samples at a crime scene. Only a fraction of crimes reveal DNA. Drive-by shootings and bombings often do not provide DNA for investigation purposes. “There is a public perception that DNA is the cure-all for these kinds of mistakes. DNA is not the whole answer.” (Dieter, Richard) Eye witnesses cannot solely and accurately determine a person’s fate 100 percent of the time. There are numerous amounts of cases in which those found guilty were indeed later found innocent. Many times, these individuals have already served time in jail. Many argue that the time inmates spend in