The Use Of Dna Tests For Hair And Blood Samples

The first and greatest cause of false convictions is eyewitness identification according to the innocence project website almost 75% of cases later overturned were due to wrongful eyewitness identification. One of the main issues as we learned in class is that our minds do not keep a perfect recording of events in our memory they are often impacted by additional information given after the fact. Information about a suspect given afterwards such as suggesting their hair color, height, weight, or other attributes about them could influence our memories. Another issue found is using things like “show ups” for victims and witnesses; this is discussed on the innocence project page and was in class. Show ups tend to lead to wrongful identification because there is only one person instead of several potential suspects like a lineup. The Innocence project website discusses two variables that affect wrongful eyewitness identification Estimator and System variables. Estimator variables are things the justice system cannot influence such as the lighting, distance used when the victim or witness saw the suspect, the amount of stress or anxiety the victim is under, and research shows that it is hard for witnesses to identify someone of a different race than they are. The 2nd group of variables discussed are the system variables, these are things that the system can impact such as the type of lineup like line up or show up, how they administer lineups such as how similar the suspects

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

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)

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

Due to the uniqueness of DNA it has become a powerful tool in criminal investigations

“Wrongful convictions happen every week in every state in this country. And they happen for all the same reasons. Sloppy police work. Eyewitness identification is the most- is the worst type almost. Because it is wrong about half the time. Think about that.” (Grisham). Wrongful convictions can happen to anyone, at anytime. Grisham implies wrongful convictions happen for the same reasons, careless police work as well as eyewitness identification. An eyewitness identification is a crucial aspect in detective work because it essentially locates the person at the crime scene. This is the worst cause of wrongful convictions because it is wrong half the time.

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.

The topic of wrongful convictions will be discussed in this research paper. Wrongful conviction is defined as the conviction of a person who is accused of a crime in which, in the result of subsequent investigation, proves erroneous. These persons who are in fact innocent, will be wrongly convicted by a jury or a court of law.

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

Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.

Science is providing us the chance to change lives and save lives, outweighing the negatives that may result. Forensic DNA Phenotyping will make crime investigation increasingly more efficient due to it’s ability to determine certain attributes of the suspect. Instead of the police investigators searching for a suspect without any idea of who they should be searching for, through DNA phenotyping police can now have a narrower clue as to the appearance of the individual due to the ability to determine their faces morphology including hair color, eye color, skin pigmentation, gender, and height. Compared to current practice of racial profiling used by investigators following a crime, DNA phenotyping would eliminate this practice by providing and more detailed profile of who it is they should be searching for. Making forensic DNA phenotyping far more efficient and reliable then other methods. Also, the use of eye-witnesses who are not always accurate often lead to the conviction of an innocent individual. This can be prevented by forensic DNA phenotyping and eliminate the possibility of a wrong accusation by providing genetic basis for it’s claims. Though more phenotyping is in the works, currently sex, hair color, and iris color have been proven, along with being able to provide a detailed profile of an individual. Also, DNA phenotyping such as testing for a DNA match, or simply matching DNA/fingerprints to an individual should be used because the results are fact

Except in the case of identical twins, the probability that two people have the same genetic code at all thirteen core loci is less than one in one trillion (Crest, 2005). Investigators compare these genetic fingerprints with profiles stored in databases of previous offenders, and if they find a match, it proves that the person was at the crime scene. 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 (Silverstein, 1996). Because DNA is so durable, investigators can reopen old cases to reexamine evidence.

Technology and entertainment today have given people a sense of confidence in their understanding of criminal justice. They sit at home on their couch and watch an endless stream of crime dramas and believe they have a solid understanding of how the justice system is run. Television shows do not have to operate in reality, the audience has access to all the necessary information to solve the crime and the show ends with a feeling that justice has been served. In reality, investigations hit road blocks, complications and dead ends. Investigators must sort through honest and dishonest witnesses, determine factual evidence from planted or tampered evidence, and they must ensure that they complete all of their duties, investigations, and documentation completely, accurately and maintain the integrity of the case. Investigations are often susceptible to mistakes, human error and an array of outside factors they have little to no control over. The varying factors in each investigation can sometimes create a situation that ultimately leads to a wrongful conviction. There are also people in the justice system that deliberately fabricate information or evidence, manipulate a situation or witness, or influence the case in some way to achieve the outcome they desire. The prevalence, causes and cases of wrongful convictions play an important role in understanding and preventing wrongful convictions for the innocent and ensuring justice is served to the guilty.

The causes of wrongful convictions are easy to identify: irregularities and incompetence at the investigatory, pre-trial, trial and appellate stages of the criminal justice system. More particularly, Kaiser identifies the following contributory factors, among others: false accusations, misleading police investigative work, inept defense counsel, misperceptions by Crown prosecutors of their role, factual assumption of an accuser’s guilt by actors in the criminal justice system, community pressure for a conviction, inadequate identification evidence, perjury, false confessions, inadequate or misinterpreted forensic evidence, judicial bias, poor presentation of an appellate case, and difficulty in having fresh evidence admitted at the appellate stage. Each instance of determined wrongful conviction illustrates a different combination of failures in the criminal justice system that has