DNA in the Criminal Justice System as Evidence

Uploaded by cevster on Dec 29, 2004

The Tale of the DNA

Our criminal justice system is best described as a search for the truth.
Increasingly, the forensic use of DNA technology is an important ally in that
search. The development of DNA technology furthers the search for truth by helping
police and prosecutors in the fight against violent crime. Through the use of DNA
evidence, prosecutors are often able to conclusively establish the guilt of a
defendant. DNA evidence offers prosecutors important new tools for the
identification and apprehension of some of the most violent perpetrators,
particularly in cases of sexual assault. DNA aids the search for exonerating the
innocent. Lets take Dennis Fritz for instance. As mentioned in the article,
Innocent, After Proven Guilty by Adam Cohen in the TIME magazine, Fritz was an
average father from Oklahoma who led a normal life as a single parent raising his
thirteen-year-old daughter. He made a living teaching science to Junior High School
students at the time he was convicted of raping and murdering his neighbor, twenty-
one-year old Debra Sue Carter. The evidence against Fritz was vague. "He had no
eyewitnesses, no evidence linking him to the victim and no credible evidence
linking him to the crime scene." But he was misjudged by the odds. What he didn't
realize is there were other players working against him and found himself in a
situation where he had everything to lose, "a convicted criminal, wasting away in
jail with little hope of ever proving his innocence." Ron Williamson, Fritz co-
defendant, was days away from being executed and put to death. He was retried due
to a small technicality. Prosecutors then decided to do DNA test on both Fritz and
Williamson of semen and hair found at the crime scene. As a result, the DNA proved
them both innocent. Stupidity is not a capital offence in the American justice
system. So why are they making so many mistakes? This is when it should work to
separate the innocent from the real dangers to society. When it failed for Fritz
and Williamson what they got was twelve-years of punishment for someone else
ignorance. Also mentioned in the article, a man by the name of Vincent Jenkins was
wrongfully convicted of the rape of a Buffalo, N.Y. woman and served seventeen-
years in prison was just released after DNA test had proven him otherwise. Tim
Durham, convicted for the rape of an eleven-year-old girl, spent six years in
prison until a DNA test had given him a second chance. His case, almost identical
to Fritz, had no linking evidence to prove him of this crime. Yet, he paid the
price for it. Sixty-five people have been released, including eight on death row,
after having been found wrongly convicted of capital crimes due to the diligent
efforts of students, attorneys, and organizations such as the Innocence Project,
who were dedicated to maintain the integrity of our Constitution. These are just
the case we know about. The people lucky enough to attract the attention of a
lawyer with spare time, a group of law students looking for a project, or families
with enough money to afford competent representation. The actual numbers of lives
this issue affects is multiplied many times by their families. They struggle and
grieve along with the families of the actual crime victims. The ripple effect is
staggering. Whether you advocate capital punishment or oppose it, clearly it's too
easy to execute the innocent with our system. Some go as far to say that some
irreversible mistakes are worth it. Whatever it takes to keep our kids safe. One
journalist recently printed her opinion that the occasional innocent put in jail is
a "small matter" when you consider the "larger issue." The obvious question here
is: What if your kid pays the price- your husband, brother, sister, wife? Our
Constitution, respected by most of the world, was written to protect the rights of
the individual. It makes no exception for the District Attorney's career
advancement, Judges' ineptitude or politicians agendas. Many have given their lives
to protect it. This is no "small matter." The importance and utility of DNA
evidence presents challenges to the scientific and justice communities. Among the
tasks are maintaining the highest standards for the collection and preservation of
DNA evidence; ensuring that the DNA testing methodology meets scientific criteria
for reliability and accuracy. What people don't realize is that DNA testing is the
most accurate and reliable means of identity. DNA testing can prove 99.9%
certainty. Normally, when a court amicable is accomplished, 99% or greater is
accepted by most courts. Criminal justice practitioners must learn to understand
and make appropriate use of the rapidly advancing and increasingly available
technology. The criminal justice system is not infallible, and these documents
report cases in which the search for truth took a tortuous path. The individuals
whose stories are told were convicted after jury trials and were sentenced to long
prison terms. They successfully challenged their conviction, using DNA test on
existing evidence. I think that these cases deserve serious attention as a
miscarriage of justice. In the case of an innocent person wrongfully convicted, at
the very least, some alternatives buy time to prove innocence in a system that
moves too slowly. The cases documented here are testimony to the power and
potential of DNA evidence. I hope that these commentaries spur a boarder debate
about the value of DNA technology and the role of science in the criminal justice
system's search for truth.

Submitted by : cevster

Date Submitted : 12/29/2004

Category : Law

Views : 13309