Use of Mrs. Tobins’s DNA in the Murder of Amanda Christopher
Introduction:
DNA comparisons are crucial when investigating crimes. Amanda Christopher’s home had a significant amount of forensic evidence behind that has yet to be determined. The Supreme Court has analyzed the issue as to whether or not use storing and using DNA was considered constitutional. Although, Pennsylvania is silent on the issue, several states have seen the need for the use and storage of DNA that is obtained of arrestees charged of serious crimes, such as felonies and sexual offenses. Analyzing both the federal and other states provides some guidance as to whether or not the use of previously obtained DNA is constitutional.
Questions Presented:
1. What is the standard for using previously obtained DNA from an unrelated arrest for a current investigation?
Answer: Depends on the state. Few states allow the storage and use of an arrestee’s DNA in certain criminal proceedings. Most states, including Pennsylvania, limit the storage and use of DNA to those who were convicted.
2. Can the police use DNA collected at the time of the arrest of Mrs. Tobin from the jewelry store incident for comparison of the DNA found at Amanda Christopher’s home? Answer: Maybe. Pennsylvania Discussion of Current Law:
The Fourth Amendment to the United States Constitution guarantees all persons the right to be free from unreasonable searches and seizures . Federally, taking a sample of a person's
This paper examines Carrell et al’s research along with three other scholarly research articles to better understand the effects that the DNA recovered from a crime scene has on a particular case and the forensic science 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
The proposal has sparked a moral dilemma. Victoria has had a DNA database since 1992 with the reasoning that, if a suspect is cleared, their DNA must be erased off the list. However, recently Victorian government has allowed police to collect samples from more suspected criminals, not just those accused of murder, serious assault or rape. Now they are allowed to collect from those accused of drug trafficking, arson causing death and aggravated burglary.
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)
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
Today in the crime world, DNA evidence is strongly accepted in solving crime cases. This is all based in part by allowing a crime laboratory to have a designated unit whose main goal is to analyze DNA evidence to aid investigators with positive outcomes in crime case solving. With that being said we are going to discuss the functions of a DNA unit within a crime lab as well as address the vital role these units play in solving crime.
Due to the uniqueness of DNA it has become a powerful tool in criminal investigations
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.
DNA is considered an individuals genetic fingerprint, thus it is exclusive to each and every individual. Since this exclusivity exists, DNA is a tool used for identification purposes. It has been utilized for investigations of serious crimes, identification of individuals killed in mass disasters, wars and paternity uncertainties1. Since the inception of the use of DNA in the 1980’s thousands of criminals have been caught and prosecuted with the help of DNA evidence2. Additionally, countless victims of mass disasters have been identified through DNA and returned to their loved ones. Although, there are various benefits to employing DNA it does not come without a sundry of ethical and legal concerns. The ethical concerns that have presented themselves are questions involving scientific reliability, DNA evidence in court, human rights, and finally the other uses of the DNA database.
This research report researched hundreds of cases where post-conviction DNA was used in cases of exoneration. This researched preformed different tests on available physical evidence. This research report is full of data and case studies to be compared to.
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.
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.