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Dna in criminal investigations research paper
DNA helps solve crimes
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Deoxyribonucleic acid (DNA) is an acclaimed extraordinary discovery that has contributed great benefits in several fields throughout the world. DNA evidence is accounted for in the majority of cases presented in the criminal justice system. It is known as our very own unique genetic fingerprint; “a chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called 'DNA fingerprinting ')” (Duhaime, n.d.). DNA is found in the nuclei of cells of nearly all living things.
In 1953, after carefully studying this molecule and scientific reports generated from several predecessors, scientists Jason Watson and Frances Crick divulged their determination that the structure
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However, before linking any kind of unique characteristics to human DNA, Jeffreys stumbled upon one of his first findings while experimenting with the genomes of rabbits when he discovered that eukaryotic DNA contained introns. Introns are non-coding sequences found throughout DNA. While maintaining a high interest in the study of introns, “Jeffreys sought to combine his recently acquired molecular biology experience with his interests in human genetics. ‘The first question we asked was, If you can see DNA restriction fragments, can you see variation between people in those fragments?’” (Zagorski, …show more content…
The theory of DNA, simply stated, is that an individual’s genetic information is unique, with the exception of identical twins, and that it “definitively links biological evidence such as blood, semen, hair and tissue to a single individual” (Saferstein, 2013). This theory has been generally accepted since the mid-80s throughout the scientific community and hence, pursuant to the 1923 Frye ruling, also deemed admissible evidence throughout our justice system. The first case where DNA evidence was used to convict a man took place in Florida in 1988: Andrews v. State, 533 So. 2d 841 (Fla. Dist. Ct. App. 1988). Andrews broke into a Florida woman 's home and sexually assaulted the woman at knife-point. “DNA samples of semen retrieved from the crime scene matched blood drawn from Andrews. At that time, no state had a DNA databank. However, after witnessing the power of DNA evidence, state courts and state legislatures would soon grapple with the issue of whether DNA evidence should be admitted at trial as identity evidence and whether establishing state DNA databanks would be feasible and of value to law enforcement. A review of current law reveals that almost every state has embraced and institutionalized the utilization of DNA fingerprinting for crime fighting purposes” (Hibbert,
As we learned this week, DNA databases are used by various governmental agencies for several different purposes. We all have seen new magazine shows such as, 20/20 or Dateline, that show the collection of DNA samples from suspects in a case that is compared to those collected at the scene of the crime. But what happens when the sample is an incomplete match, compromised, or contaminated? The answer is the wrongful conviction of innocent citizens. The case that I have decided to highlight, is the wrongful conviction of Herman Atkins. In 1986, Atkins was convicted of two counts of forcible rape, two counts of oral copulation, and robbery in the state of California. It was alleged that Herman entered a shoe store, and raped, beat, and robbed a
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
In 1989 the National Research Council Committee on DNA Technology in Forensic Science was developed due to numerous scientific and legal issues (The Evaluation of Forensic DNA Evidence). The National Research Council’s key role was to analyze statistical and population genetic issues in the use of DNA evidence and review major alternative approaches to statistical evaluation of DNA evidence (The Evaluation of Forensic DNA, 50). Over the past fifteen years DNA profiling has made tremendous advancements and continuous improvements in the fight against violent
Keiper L. More states use familial DNA as powerful forensic search tool. Reuters [Internet]. 2011 [cited May 16 2012]; N. page. Available from: http://www.reuters.com/article/2011/03/30/us-crime-dna-familial-idUSTRE72T2QS20110330.
Thompson, W. C. (1996). DNA Evidence in the O.J. Simpson Trial. University of Colorado Law Review, 827-857.
Crime is a common public issue for people living in the inner city, but is not limited to only urban or highly populated cities as it can undoubtedly happen in small community and rural areas as well. In The Real CSI, the documentary exemplified many way in which experts used forensic science as evidence in trial cases to argue and to prove whether a person is innocent or guilty. In this paper, I explained the difference in fingerprinting technology depicted between television shows and in reality, how DNA technology change the way forensics evidence is used in the court proceedings, and how forensic evidence can be misused in the United States adversarial legal system.
Billings, Paul R. DNA on Trial: Genetic Identification and Criminal Justice. California: Cold Spring Laboratory Press, 1992.
The enactment of state post-conviction DNA testing statutes has not been uniform. Some state laws include statutes of limitations beyond which petitioners may no longer file claims. Some states appoint counsel, some do not. They still have to determine if the evidence to be tested is material and reliable (whether there has been a documented chain of custody). If the evidence is too small, or degraded, or otherwise fails to comply with the statutory requirements, the petitioner has no recourse. These advancements are taking place because attorneys are fighting for the right of DNA profiling to save the innocent who have been falsely accused.
DNA, or deoxyribonucleic exists in all living organisms, is self-replicating and gives a person their unique characteristics. No two people have the same matching DNA. There are many different forms of DNA that are tested for situations such as criminal. Bodily fluids, hair follicles and bone tissues are some of the most common types of DNA that is tested in crime labs today. Although the discovery of DNA dates back to 1866 when Gregor Mendel proved the inheritance of factors in pea plants, DNA testing is relatively new and have been the prime factor when solving crimes in general. In 1966, scientists discovered a genetic code that made it possible to predict characteristics by studying DNA. This lead to genetic engineering and genetic counseling. In 1980, Organ was the first to have a conviction based off DNA fingerprinting and DNA testing in forensics cases became famous in 1995 during the O.J. Simpson trial (SMC History , 2011).
This same article examines the history of DNA evidence and acknowledges that when evidence was first introduced to the courts that the new type of identification was initially accepted without any challenges, however, critics quickly contended that DNA tests were problematic because of the reliability and the validity of probative value of the evidence. For example, DNA exoneration cases suggest that errors in forensic identification led to a high number of wrongful convictions and concerns that media coverage portrayals of forensic science evidence on popular television shows leads jurors to unfairly weigh DNA evidence while making their decision about the facts of a trial (Carrell, 2008). Moreover, in recent DNA exoneration cases the courts and jurors had difficulty analyzing the testimony of the experts on forensic identification evidence. According to the article, in 86 DNA exoneration cases, forensic science testing errors were the second leading cause of wrongful conviction, falling behind wrongful eyewitness misidentification (Carrell,
The National DNA Index (NDIS) contains over 8,483,906 offender profiles and 324,318 forensic profiles as of June 2010 (Federal Bureau of Investigations, 2010). It has been suggested by Froomkin, a Senior Washington Correspondent, that the FBI is “shifting its resources from forensics to feeding the database” (Froomkin, 2010). This dramatic shift curtails some of the benefits of the CODIS application to the criminal justice system, as the backlogs of DNA samples increase and the statutes of limitations grow nearer and nearer on unsolved crimes.
Before the 1980s, courts relied on testimony and eyewitness accounts as a main source of evidence. Notoriously unreliable, these techniques have since faded away to the stunning reliability of DNA forensics. In 1984, British geneticist Alec Jeffreys of the University of Leicester discovered an interesting new marker in the human genome. Most DNA information is the same in every human, but the junk code between genes is unique to every person. Junk DNA used for investigative purposes can be found in blood, saliva, perspiration, sexual fluid, skin tissue, bone marrow, dental pulp, and hair follicles (Butler, 2011). By analyzing this junk code, Jeffreys found certain sequences of 10 to 100 base pairs repeated multiple times. These tandem repeats are also the same for all people, but the number of repetitions is highly variable. Before this discovery, a drop of blood at a crime scene could only reveal a person’s blood type, plus a few proteins unique to certain people. Now DNA forensics can expose a person’s gender, race, susceptibility to diseases, and even propensity for high aggression or drug abuse (Butler, 2011). More importantly, the certainty of DNA evidence is extremely powerful in court. Astounded at this technology’s almost perfect accuracy, the FBI changed the name of its Serology Unit to the DNA Analysis Unit in 1988 when they began accepting requests for DNA comparisons (Using DNA to Solve Crimes, 2014).
Jasanoff, S. (1998). The Eye of Everyman: Witnessing DNA in the Simpson Trial. Social Studies Of Science (Sage Publications, Ltd.), 28(5/6), 713.
Singer, Julie A. "The Impact Of Dna And Other Technology On The Criminal Justice System: Improvements And Complications."Albany Law Journal Of Science & Technology 17.(2007): 87. LexisNexis Academic: Law Reviews. Web. 10 Mar. 2014.
Now that we have got the basic down about DNA testing, let us take a look at where this topic first began. Gregor Mendel was the first man to really take a look at why a person is built the way she or he is built from previous generations. Unfortuantely, his