5. Conclusion
It is well understood that DNA is useful in the criminal justice system, whether it is rape and murder case to prove paternity for the sake of civil cases or the identity of the missing person. The value and reliability of DNA is manifested in science and justice because DNA took part to help and facilitate the criminal proceedings. However, the DNA used also the risk of reliability when it is created by an act of false police collected evidence from the crime scene.The police officer must protect and recognize the crime scene.
The DNA evidence is evidence that has weight and importance. Meanwhile, it is possible to question it as well. The judge has a duty to weigh the DNA evidence by relevance to the issue in dispute and the
In Maryland, police officers are permitted to collect DNA from suspects who are arrested for crimes of violence, burglary, or attempted burglary. This has proven to be effective in identifying criminals. One of the criminals that was caught using DNA evidence, Alonzo Jay King, Jr. was extremely dissatisfied when he was linked to and charged for another crime when he was arrested and charged for assault. When his DNA was taken, law enforcement officers found that his DNA matched the DNA evidence of a previous rape case. Because of this discovery, King received the life sentence and decided to appeal his case, arguing that the MDCA (Maryland DNA Collection Act) was unconstitutional and violated the Fourth Amendment. The fundamental question
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.
The results that the experimenters learned in this lab is used all through the world during police investigations. The police can use DNA fingerprinting and gel electrophoresis to find the innocent suspects of a crime. To find the DNA to use, the police can use blood or hair strands that were found at the scene. If the DNA in the gel are a match, the evidence found came from that suspect. In conclusion, DNA fingerprinting and gel electrophoresis are a mechanism for police to use throughout an investigation. Both provide accurate data for the police to use to eliminate
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
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)
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
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.
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.
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
One of the pretrial DNA evidence issues is discovery issue, which involves the duty to maintain or expose evidence. The law of jurisdiction and constitutional mandate can decide the duty for each case. The second issue is the exposure time, for the mandate and for the parties and court. The police or prosecution is not required to maintain all potential evidence. The crucial distinction is between materially relevant evidence and potentially beneficial evidence. Police loss or destruction of evidence that is potentially useful that may prove innocence if tested, does not violate due process "unless a criminal defendant can show bad faith on the part of the police."
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.
Another report from Turman, herarticle about the importance of DNA evidence to say in a strong and definite way that the offenders or to prove prisoner in criminal cases has arose in the media with the developing regularity over the last few years. Criminal justice professionals and the public behold that the forensic DNA technology is reforming
Some of the legal challenges that DNA can face in order to be admissible in court is that it should be properly documented, collected, packaged, and preserve to avoid contamination or destruction of the DNA evidence (Buckles, 2006, p. 243). DNA evidence is a very important piece of evidence because when found at the crime scene it can link the crime scene to a possible suspect due to the fact that every human being except identical twins have a unique DNA code, the Office of Technology considers DNA as reliable evidence (Buckles, 2006, p. 240,