Dna And The Criminal Justice System

Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.

In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.

Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.

Two leading authors on medical ethics, science policy, and civil liberties take a hard look at how the United States has balanced the use of DNA technology, particularly the use of DNA databanks in criminal justice, with the privacy rights of its citizenry. The authors explore many controversial topics, including the legal precedent for taking DNA from juveniles, the search for possible family members of suspects in DNA databases, the launch of "DNA dragnets" among local populations, and the warrantless acquisition by police of so-called abandoned DNA in the search for suspects. Most intriguing, they explode the myth that DNA profiling is infallible, which has profound implications for criminal justice.

DNA Evidence in the Australian Legal System discusses the legal issues associated with DNA evidence, ranging from crime scene collection and DNA databases through to its use in criminal trials and appeals. This integrated text explains important legal issues associated with DNA evidence that have developed alongside the science. While there are a number of books available that discuss DNA evidence from a forensic science perspective, this text is one of the few worldwide to focus on these issues from a legal perspective. A wide range of legal issues are discussed, including those associated with the collection of DNA evidence at the crime scene, laboratory analysis, creation of DNA profiles, use of DNA databases, the presentation of DNA evidence at trial, and the use of DNA in the review of convictions and acquittals. Forensic procedures legislation is reviewed, as well as key cases relevant to each of these topics. The text also includes a comparative discussion of developments in key jurisdictions such as the United Kingdom and United States, providing context for current and potential future developments in Australia. It is intended that this book will be an authority on DNA evidence and the law in Australia and an important reference for those studying, working with or researching the topic. This includes professionals such as lawyers, researchers, police, laboratory scientists, policymakers and expert witnesses who work in the criminal justice system, as well as students of law, criminology, criminal justice and forensic science.

Josiah Sutton was convicted of rape. He was five inches shorter and 65 pounds lighter than the suspect described by the victim, but at trial a lab analyst testified that his DNA was found at the crime scene. His case looked like many others -- arrest, swab, match, conviction. But there was just one problem -- Sutton was innocent. We think of DNA forensics as an infallible science that catches the bad guys and exonerates the innocent. But when the science goes rogue, it can lead to a gross miscarriage of justice. Erin Murphy exposes the dark side of forensic DNA testing: crime labs that receive little oversight and produce inconsistent results; prosecutors who push to test smaller and poorer-quality samples, inviting error and bias; law-enforcement officers who compile massive, unregulated, and racially skewed DNA databases; and industry lobbyists who push policies of "stop and spit." DNA testing is rightly seen as a transformative technological breakthrough, but we should be wary of placing such a powerful weapon in the hands of the same broken criminal justice system that has produced mass incarceration, privileged government interests over personal privacy, and all too often enforced the law in a biased or unjust manner. Inside the Cell exposes the truth about forensic DNA, and shows us what it will take to harness the power of genetic identification in service of accuracy and fairness.

Forensic DNA analysis was first introduced to the American criminal justice system in the mid-1980s. In spite of its relatively brief existence in American jurisprudence, DNA testing has become the leading forensic tool for obtaining sexual assault criminal convictions, and the single most powerful evidence for establishing the innocence of criminal suspects and wrongfully convicted defendants. The development of DNA "fingerprinting" and the role it has played in the American criminal justice system is covered in this encyclopedia. Numerous entries explain the relationship of forensic DNA analysis with microbiology, population genetics, statistics, and the legal rules of the admissibility of scientific evidence. The encyclopedia also presents the full text, preceded by summaries, of all state and federal government statutes that address the forensic use of DNA analysis, and the edited text of judicial case opinions that address specific forensic DNA issues. Also included are entries on many of the organizations that use DNA fingerprinting to free wrongly convicted defendants and many of the individuals who were released from prison (many of whom were on death row) after DNA testing proved their innocence.

The use of DNA profiling in forensic cases has been considered the most innovative technique in forensic science since fingerprinting, yet for those with limited scientific knowledge, understanding DNA enough to utilize it properly can be a daunting task. Introduction to Forensic DNA Evidence for Criminal Justice Professionals is designed for nonscientific readers who need to learn how to effectively use forensic DNA in criminal cases.Written by a forensic scientist world renowned for her expertise in clothing examination, the book provides a balanced perspective on the weight of DNA evidence. Going beyond a simple explanation of the methodology, it arms attorneys and other criminal justice professionals with knowledge of the strengths and limitations of the evidence, including the danger in relying on DNA statistical probabilities in the determination of guilt. The book covers the most common DNA methods used in criminal trials today nuclear DNA short tandem repeat (STR) techniques, mitochondrial DNA, and Y-STR profiling. It helps prosecutors know when to emphasize DNA evidence or proceed with trial in the absence of such evidence. It assists defense lawyers in knowing when to challenge DNA evidence and perhaps employ an independent expert, when to focus elsewhere, or when to secure the advantage of an early guilty plea.By imparting practical and theoretical knowledge in an accessible manner, the book demystifies the topic to help both sides of the adversarial system understand where DNA evidence fits within the context of the case.

This open access book uses a critical sociological perspective to explore contemporary ways of reformulating the governance of crime through genetics. Through the lens of scientific knowledge and genetic technology, Machado and Granja offer a unique perspective on current trends in crime governance. They explore the place and role of genetics in criminal justice systems, and show how classical and contemporary social theory can help address challenges posed by social processes and interactions generated by the uses, meanings, and expectations attributed to genetics in the governance of crime. Cutting-edge methods and research techniques are also integrated to address crucial aspects of this social reality. Finally, the authors examine new challenges emerging from recent paradigm shifts within forensic genetics, moving away from the construction of evidence as presented in court to the production of intelligence guiding criminal investigations.

"Although the Standards in this volume are considered part of the set of Third Edition ABA Criminal Justice Standards, the earlier editions did not include standards on DNA evidence. Therefore, the Standards included here are the first ABA Criminal Justice Standards on DNA Evidence."--Page iii.