In the criminal justice system, the best chance of a fair trial and justice lies within cases that include physical evidence. Physical evidence, whether fibers, fingerprints, or DNA, can give a jury proof beyond a reasonable doubt. Physical evidence can convict a criminal, or it can free an innocent man. It can bring closure to families and to the law enforcement that work the cases. The following cases will show what physical evidence does in a criminal trial and the vast impact it can make. For each case I will examine how the physical evidence was important to the case and whether or not it could have made more of a difference if the presentation of the evidence were different. The five cases are: the Mosley case, the Warren case, the Chandler case, the Frediani case, and the Swift Case.
First and foremost is the Michael Mosley case. Michael Mosley was convicted murdering a couple ten years ago (Wurtman, 2011). Two other men were cleared when Mosley’s DNA was found at the scene of the murder (Crowe II, 2012). Also, there was a palm print on the wall and further DNA on the sheets in the bedroom (Wurtman, 2011). In contrast to all the evidence, Mosley’s attorney offered an alternative reason and painted a picture of different events to explain Mosley’s DNA’s presence (Wurtman, 2011). However, the jury didn’t buy the defense’s story, and Michael Mosley’s conviction led to a call for the DNA database to be worked on with the most interesting fact being that Michael Mosley had no DNA in the system until seven years later than the crime (Crowe II, 2012).
I believe the physical evidence was adequately presented given Michael Mosley’s conviction. I also believe that an expanded DNA database could lead law enforcement to criminals i...
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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
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
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.
Abstract; This paper explors the effects DNA fingerprinting has had on the trial courts and legal institutions. Judge Joseph Harris states that it is the "single greatest advance in the search for truth since the advent of the cross examination (Gest, 1988)." And I tend to agree with Judge Joseph's assertion, but with the invention and implementation of DNA profiling and technology has come numerous problems. This paper will explore: how DNA evidence was introduced into the trial courts, the effects of DNA evidence on the jury system and the future of DNA evidence in the trial courts.
Fiber analysis was a major forensic technique that was used to convict Williams. It can put someone at the scene of a crime. According to Locard’s exchange principle, when a person comes in contact with an object or person, a cross transfer of materials occurs. This was very true in the Williams case. The investigators examined fibers found on all the victims. After collecting and examining the fibers, they searched Wi...
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According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
The collection of DNA in an investigation is used most often to determine who the perpetrator(s) might be in a crime. There has been a rapid growth since its inception and legal and ethical issues have arisen. In the Double –Helix Double-Edged ...
One of the most coveted trials in terms of popularity and media attention the O.J Simpson trial which took place between 1994 and concluded on October 2,1995 with O.J Simpson being acquitted of charges laid upon him during the Murder Trial Due to handling of physical evidence and questions over whether Mark Fuhrman planted the bloody glove at the scene to frame O.J. so in an attempt to understand how a deviation from standard operating procedures in the handling of physical evidence can affect the outcome of a criminal trial; One most first understand evidence and how to preserve it. When the crime scene technician took blood samples from Simpson’s Ford Bronco (1996) she used a cotton swab to take samples; but instead of using
Judges make rulings on what evidence may or may not be admitted over the course of a trial and technology impacts the way police collect and process evidence, this is true today as well as during the 1892 trial of Lizzie Borden. The rudimentary practice of evidence collection and processing by police was a critical factor in the acquittal of Lizzie Borden. Fingerprinting had not been introduced into the court system and the absence of an eyewitness left the prosecution with little to work with, this left the prosecution only circumstantial evidence but most if not all of it pointed at the defendant. The Borden home was absent of any signs of forced entry and the traditional signs of a struggle couldn’t be located during the police examination but several gruesome facts indicated Lizzie Borden may have been innocent. Medical evidence as to the method used in the killings pointed toward a “tall man” being the culprit, specifically the nineteen wounds inflicted on Abby Borden were said to have been from a dull edge of an axe.
The article, “Trial Lawyers Cater to Jurors’ Demands for Visual Evidence,” written by Sylvia Hsieh stresses the importance of visual evidence. Hsieh writes
Urdiales first victim was Robbin Brantley who he killed on the night of January 18, 1984 Robbin was walking to her car after a school concert. Urdiales could have chosen anyone but he picked Brantley and approached her from behind and began stabbing her. An autopsy...
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
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the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/