DNA in the Legal System: The Beefits are Clear, the Problems aren't Always
Cardozo Public Law, Policy and Ethics Journal - Nbr. III-3, January 2006
Jason Borenstein - Visiting Assistant Professor in the School of Public Policy at Georgia
Permanent Link:
http://vlex.com/vid/374680
Id. vLex: VLEX-374680
I. DNA Evidence: A Valuable Resource. II. DNA Evidence: A Word of Caution. III. Admissibility, Weight, and DNA. IV. Human Fallibility and DNA. V. DNA Databases. VI. Post-Conviction DNA Testing. A. The Interest of "Finality". B. Access to DNA Testing. C. Preservation of Biological Samples. VII. Conclusion.
DNA in the Legal System: The Beefits are Clear, the Problems aren't Always
Jason Borenstein is a Visiting Assistant Professor in the School of Public Policy at Georgia Tech. Dr. Borenstein is also the founder and editor of the Journal of Philosophy, Science & Law (www.psljournal.com), an interdisciplinary scholarly journal.
The value of deoxyribonucleic acid ("DNA") technology in the criminal justice system should not be understated as it continues to be used as a tool to free wrongly convicted individuals and to provide leads in unsolved cases. Even though some see the use of DNA technology as a panacea that will cure the ills plaguing our courts, there are still lingering problems concerning the reliability and fairness of criminal proceedings, which should not be hastily glossed over. In this article, I will sketch some of the profound benefits that stem from the use of DNA evidence in the courts. However, the primary focus of this work will be to outline some of the difficulties associated with the use of DNA evidence. I. DNA Evidence: A Valuable Resource. The benefits emerging from the introduction of DNA-related technologies into the justice system are manifold. Cases where wrongly convicted individuals were set free as a result of DNA testing are well-documented.1 Innocence projects across the United States have largely relied on DNA to exonerate defendants who have been wrongly incarcerated.2In addition, when DNA evidence is used to overturn a conviction, the process can reveal shortcomings associated with forensic techniques used in criminal cases. The use of DNA evidence has enabled the courts to identify other techniques and types of evidence that need to be refined or perhaps even abandoned. For example, DNA evi- dence has played a key role in challenging dubious confessions3and uncovering flaws associated with eyewitness testimony.4Even techniques that were once believed to be immune to error, such as fingerprinting, have recently been questioned.5 DNA evidence has expedited the apprehension and prosecution of alleged guilty parties in cases where they had not yet been found (and may not have been otherwise) and where the statute of limitations is close to running out.6In recent years, "John Doe indictments" have occurred where a DNA profile is established and then an arrest warrant is issued for an unidentified suspect.7Increasing reliance on DNA databases has made it possible to match a suspect to a crime even when law enforcement officials did not have any clear leads.8For example, district attorneys in New York allege that they identified the perpetrator of a sexual crime that occurred eight years earlier through the use of a DNA database.9The police created a DNA profile of alleged perpetrator approximately three...
If you are already a vLex customer, Access Here
