Danny Jensen

Biology 1010

Assignment #4

DNA and Criminal Justice

The use of DNA is an important tool in the criminal justice system. It can be used to convict the guilty but also to exonerate many innocent people who wrongfully convicted of a crime. DNA evidence becomes even more important when dealing with innocent people on death row. DNA evidence is a type of forensic science that is becoming more utilized in the criminal justice field. With the continuing advancement in this forensic field, the more likely it will be that innocent people will be convicted of crimes they didn’t commit, especially crimes whose punishment is the death penalty. It will also help prove the guilt of those committing criminal acts.

DNA (deoxyribonucleic acid) is the genetic material in all cells. Every person has a unique DNA profile. It is our hereditary blueprint passed down from our parents. DNA is in virtually every cell in our body and does not change in a person’s lifetime, according to the Office for Victims of Crime which is part of the U.S. Department of Justice.There is no way someone’s DNA would be mistaken for someone else’s including identical twins. A british scientist, Sir Alec Jeffreys, developed DNA profiling in the 1980’s. There are many ways DNA for profiling can be extracted such as hair, blood, semen, skin, saliva, mucus, and perspiration. All of these types of human cells can be found at the scene of the crime.

According to DNA Junction, the standard DNA test is as follows:

1.  Extract the DNA samples

2.  Denature, amplify, and label small DNA samples into smaller DNA segments with fluorescent tags called STR through PCR

Or

Denature and label large DNA samples into smaller DNA fragments with fluorescent tags through RFLP or mtDNA

3.  Separate and identify the DNA segments through gell electrophoresis or capillary electrophoresis

4.  Analyze and interpret the DNA segments to determine relationships or identify

5.  Verify and release the results to the interested parties

The first case of exoneration was of the Richard Buckland. In 1983, 15-year old schoolgirl was raped and murdered on the grounds of psychiatric hospital. Forensic examination of the semen sample, according to Explore Forensics, showed that it was a type only found 10% of men. In 1986, another 15-year old school girl was raped and murdered. The semen sample showed the same blood type. Richard Buckland became a suspect in the case after witnesses saw him near the murder scene. He would later confess to the 1986 murder but not the murder 1983. Using Alec Jeffreys’ DNA profiling, samples from Richard Buckland and samples collected from the crime scene proved that Richard Buckland was not the murder. In addition, DNA profiling proved as well that indeed the murders were committed by the same man.

The first ever mass DNA screen happened in England in 1987. The DNA screen consisted of blood and saliva from 4000 men between 17 and 34 who did not have an alibi for murders as reported by Explore Forensics. Colin Pitchfork asked a friend pose as him and give the police his blood and saliva sample. Eventually Colin Pitchfork was arrested and his DNA profile matched that of the murderer.

Today, DNA evidence is helping in the exonerations of many people on death row. There are even organizations that specifically use their resources to exonerate death row inmates and other wrongfully accused individuals through DNA testing. One such organization is the Innocence Project. The Innocence Project website has reported that there has been 278 post-conviction DNA exonerations in the United States. 17 of these served time on death row. According to their research, 75 percent of post-conviction DNA exoneration cases in the U.S. had eyewitnesses misidentify the suspect.

DNA evidence is also subject to human error. There have been a few cases where lab testing has botched and mistakes were made. National Geographic documented a case in Houston where improper processed DNA samples led to a 17-year old boy being convicted of rape. Because of cases like these, many people are asking for reforms. One of the reforms talked about is establishing reliable scientific procedures such as having crime labs working independent of law-enforcement agencies. This way, there would no chance of law enforcement influencing the results.

DNA in the criminal justice system will not doubt be more heavily used in the future. DNA will be used to exonerate and convict more people. With this ever evolving science, will it cause more problems in the future then eliminate? A PBS article raised many questions on its effect in the future in the criminal justice system. The article discusses how more and more disorders are being found in our genes. Would a criminal be able to use a genetic disorder as a defense? We know that certain genes make people more aggressive. Would the criminal justice system treat these individuals different? Perhaps a lesser sentence because they could not help but commit criminal actions because of their genes? The criminal justice system has always been based on the idea of free will. Individuals commit criminal acts because they chose to. This new science has the potential of turning the criminal justice system upside down. The potential is there to turn trials that are made up of scientists instead of witnesses. Jurors would have to be more educated on the science of DNA and be able to evaluate the information the scientists tell them. Jurors may also have determine what effect a person’s genes played in them committing the crime.

After researching DNA in criminal justice, I believe that it has its advantage. Any procedure that can help determine the guilt or innocence of a person is a good thing. I believe that the more DNA, the less chance we have of convicting an innocent person, especially someone on death row. Of course this science is not perfect and the people doing the science will sometimes make mistakes, but the benefits in my mind way out the cons. As for the future, I do not believe “aggressive” genes and other disorders will affect the system as much as discussed in the PBS article. As humans have evolved, so as the way we have done things. The criminal justice system has and will continue to evolve. Now with science helping the system, people have better chance of justice.

Bibliography

Handwerk, Brian. "DNA Frees Death-Row Inmates, Brings Others to Justice."Daily Nature and Science News and Headlines | National Geographic News. National Geographic, 8 Apr. 2005. Web. 20 Nov. 2011. <http://news.nationalgeographic.com/news/2005/04/0408_050408_tv_dnadeath_2.html>.

Elvidge, Suzanne. "Forensic Cases: Colin Pitchfork, First Exoneration Through DNA - Explore Forensics."Forensic Science, Crime Scene Investigations and Pathology at Explore Forensics (UK). Explore Forensics, 20 June 2011. Web. 20 Nov. 2011. http://www.exploreforensics.co.uk/forenisc-cases-colin-pitchfork-first-exoneration-through-dna.html

"The Innocence Project - Three Men from Cook County, Illinois, Exonerated of 1991 Rape and Murder, Exonerations of Two Others to Follow."The Innocence Project - Home. The Innocence Project. Web. 20 Nov. 2011. <http://www.innocenceproject.org/Content/Three_Men_from_Cook_County_Illinois_Exonerated_of_199Friedland, Steven L. "The Dna Revolution - A Vision Of The Future | The Case For Innocence | FRONTLINE | PBS."PBS: Public Broadcasting Service. PBS. Web. 20 Nov. 2011. <http://www.pbs.org/wgbh/pages/frontline/shows/case/revolution/reimagining.html>.1_Rape_and_Murder_Exonerations_of_Two_Others_to_Follow.php>.

Turman, Kathryn M. "Understanding DNA Evidence: A Guide for Victim Service Providers."Office of Justice Programs. U.S. Department of Justice, Apr. 2001. Web. 20 Nov. 2011. <http://www.ojp.usdoj.gov/ovc/publications/bulletins/dna_4_2001/>.

"DNA Technology - The Science behind DNA Testing."DNA Junction - Your Resource for DNA Testing Information. Web. 20 Nov. 2011. <http://www.dnajunction.com/technology/>.