DNA AND CRIME GUILTY

How DNA Evidence Works To Link the Guilty With A Crime



How DNA Evidence Works To Link the Guilty With A Crime

Introduction

Deoxyribonucleic acid (DNA) testing has exonerated the innocent and convicted the guilty, and it also provides a mechanism for the solving of numerous cold cases through the use of DNA databanks. However, DNA is a frequent flash point in the legal and forensic science communities because of the power that it wields; with each group seemingly desiring to be sole master and commander of this technological wonder (Voegeli, 2006).

In its position statement on DNA technology, adopted in 2003, the National District Attorneys Association (NDAA) states," America's prosecutors consistently have embraced DNA technology as a scientific breakthrough in the search for truth. Starting in the mid-1980s, with the introduction of DNA evidence in America's courtrooms, local prosecutors have fought for its admission in criminal trials. Prosecutors also have advocated vigorously for the expanded use of DNA technology as a highly effective method of solving crimes and identifying the criminals before they can commit further offenses." The NDAA position statement adds, "Forensic DNA typing has had a broad, positive impact on the criminal justice system.

Discussion

In recent years, convictions have been obtained that previously would have been impossible.

Countless suspects have been eliminated prior to the fi ling of charges. Old, unsolved criminal cases, as well as new cases, have been solved. Mistakenly accused defendants have been freed both before trial and after incarceration. And increasingly, the unidentified remains of crime victims are being identified." In a statement on its Web site the Innocence Project asserts, however, "The American criminal justice system fails sometimes. One price of these failures is the loss of life and livelihood for those unfortunate enough to be wrongfully convicted. The cases of those exonerated by DNA testing have revealed disturbing fissures and trends in our criminal justice system.

Some claim that the eventual exoneration of innocents proves that the system works. If that were true, then justice is not being administered by our police, prosecutors, defense lawyers, or our courts (Rudin, 2002). It is being dispensed by law students, journalism students, and a few concerned lawyers, organizations, and citizens. The pace of post-conviction DNA exonerations continues to grow. Not only has DNA testing proven that these individuals are innocent, it has also shown that our criminal justice system makes mistakes that leave true perpetrators on the streets while the innocent are incarcerated or face execution." The Innocence Project adds, "DNA testing is a powerful tool for catching and correcting these mistakes, but it is not a panacea for the ails of the criminal justice system. Its scope is limited to the few individual cases in which biological evidence is available, can be tested, and is connected to the crime. Even in those cases, the biological evidence is often reported lost or destroyed, or is too degraded to get a conclusive result (Rudin, 2002). For every DNA exoneration, there are countless where testing cannot help because no DNA ...