Paper Outline
Introduction
Thesis Statement: The use of DNA in a criminal prosecution has helped advance justice for both victims and suspects by, among other things, eliminating the possibility of wrongful conviction due to inaccurate identification. This way, it has also tremendously helped the law enforcement agencies in the criminal justice system in fighting and solving crime through effective investigation of offenses. However, there are also legal -particularly human rights- and ethical challenges regarding DNA application in criminal prosecution (Naughton & Gabe 245).
Sub-Points
-Improved the functionality of the criminal Justice system
The use of DNA in a criminal prosecution has enhanced the way the criminal justice system functions by making it possible to solve crimes in a way that accurately pinpoints the actual perpetrators of crimes (Lazer 18).
Further, in cases where victims cannot easily be identified at a crime scene and possibly distinguished from potential suspects, the use of DNA makes it possible to trace each victim through DNA profiling and analysis
-Tamper-Proof Evidence and hence Justice for all
Unlike other categories of evidence, DNA evidence is rarely susceptible to interference or alteration to influence the course of criminal justice
This way, it is less likely for innocent people to be wrongly convicted or guilty individuals let off the hook (Behrouzfard 110). This promotes justice for both victims and defendants, say, through post-conviction DNA testing
Conclusion
The use of DNA in criminal prosecution promises not only criminal justice for suspects and victims but also helps the society and the criminal justice agencies in solving difficult criminal cases and curbing crimes like car thefts and housebreaking. It assists in convicting the guilty by offering proof beyond reasonable doubt and exonerating the innocent through post-conviction DNA analysis. However, DNA use in a criminal prosecution may also have its weaknesses and challenges of which the prosecutors have to be aware to ensure its practical use (Parven 45).
Annotated Bibliography
Behrouzfard, Naseam Rachel. Strengths, limitations, and controversies of DNA evidence. Trends and Issues in Scientific Evidence 1 (2006): 110-140. Print.
Beginning with the sad story of Brandon Moon whose conviction for rape was overturned in 2004 thanks to DNA analysis, Behrouzfard argues that the use of DNA evidence in the criminal justice system has been effective in promoting justice. However, she is quick to note that legal problems and challenges still linger over the reliability and fairness of the application of DNA evidence in criminal proceedings. However, according to this author, to overcome such challenges, it is necessary to expand the national DNA databases. This source is valid and relevant since, in it, the author has convincingly and arguably brought out the benefits and evidentiary challenges of using DNA in criminal prosecution. I will use it to support the use of DNA in the criminal process while pointing out the potential problems that need to be addressed.
Lazer, David. DNA and the criminal justice system: The technology of justice. Cambridge, Massachusetts & London: The MIT Press, 2004. Print.
Naughton, Michael and Tan Gabe. The need for caution in the use of DNA evidence to avoid convicting the innocent. The International Journal of Evidence & Proof 15 (2011): 245- 257. Print.
In their article, Naughton and Gabe argue that even though it was previously thought that DNA profiling was close to foolproof as evidence in criminal trials, its reliability has been dealt a blow by cases involving false/coincidental matches. They give an example of Raymond Eaton. According to them, the use of DNA Databases in a criminal prosecution can sometimes result in unreliable and erroneous findings leading to innocent people being wrongly convicted. This is due to partial DNA profiles, small DNA profile copy numbers and mixed DNA profiles. The quality of this source cannot be doubted since the authors have provided evidence to support their assertions from cases and other reference materials. Hence, I will use this source to support the argument that there is a need for caution concerning the use of DNA evidence in criminal prosecutions.
Patel. Nirpat, Vidhwansh K Gautaman and ShyamSundar Jangir. The role of DNA in criminal investigation-Admissibility in Indian legal system and future perspectives. International Journal of Humanities and Social Science Invention 2.7 (2013): 15-21. Print.
In this article, the authors examine the DNA identification science, including its use in criminal investigations and criminal prosecutions or proceedings. They then identify the challenges associated with DNA technologies in the context of the Indian criminal justice system. According to them, DNA provides an efficient and powerful criminal investigative mechanism given that people have different unidentifiable DNAs. This makes it possible to identify criminal suspects quickly. They also examine the admissibility of DNA evidence in criminal courts and issue as the right against self- incrimination and privacy rights of accused persons. Though not very authoritative given that its scope is restricted to the Indian criminal jurisprudential perspective of DNA application, this source is sufficient in understanding how DNA is applied in other jurisdictions. I will use their arguments, observations and findings to suggest the way forward and also compare it with our criminal justice practice.
Parven, Khaleda. Forensic use of DNA information v human rights and privacy challenges. University of Western Sydney Law Review 17 (2013): 41-65. Print.
According to these authors, the evolution of DNA technologies and their subsequent application in criminal processes have not only helped in preserving law and order and provided legal protections but also made the delivery of justice more accurate and efficient. The use of DNA information in detecting criminals and protecting the rights innocent people is a notable benefit of this technology. However, the use of DNA in the criminal justice system is not without its risks. For instance, through DNA profiling, sensitive and private information relating to individuals may be misused by the prosecutorial authorities. This, in essence, results in a violation of privacy rights and the right against disclosure of one’s information without authorization. Hence, they argue that there is a need for a balanced approach to be adopted regarding the use of DNA data. This source is an important one for understanding the legal perspectives of the use of DNA in criminal processes. I will use it to demonstrate that DNA information about private matters should be protected against possible abuse by investigators and prosecutors.
Shelton, Donald E. Twenty-first century forensic science challenges for trial judges in criminal cases: Where the “Polybutadiene” meets the “Bitumen”. Widner Law Journal 18 (2009): 310-395. Print.
Shelton notes that deoxyribonucleic acid has and will continue to have significant impacts on the criminal justice system, specifically its use in criminal trials. This is mainly through blood typing and fingerprinting, fiber and hair analysis, handwriting and bite marks analysis, thermal imaging and ballistics analysis. However, he argues that the scientific advancements in the use of DNA analysis present critical issues worth consideration such as the role of the trial judge as the sole “gatekeeper” of what aspect of DNA information needs to be considered by the jury. It also poses Constitutional issues where DNA databases that are developed thus inviting Fourth Amendment issues. The effectiveness of this source lies in the fact that the author, being a Michigan Circuit Judge, has a legal insight and extensive experience with the application of DNA evidence in criminal cases and the potential issues that this raises. Therefore, I will use it to explore some of these pretrial issues that relate to the use of DNA in a criminal prosecution, with emphasis on the role of judges.
Works Cited
Behrouzfard, Naseam Rachel. Strengths, limitations, and controversies of DNA evidence. Trends and Issues in Scientific Evidence 1 (2006): 110-140. Print.
Lazer, David. DNA and the criminal justice system: The technology of justice. Cambridge, Massachusetts & London: The MIT Press, 2004. Print.
Naughton, Michael and Tan Gabe. The need for caution in the use of DNA evidence to avoid convicting the innocent. The International Journal of Evidence & Proof 15 (2011): 245- 257. Print.
Patel. Nirpat, Vidhwansh K Gautaman and ShyamSundar Jangir. The role of DNA in criminal investigation-Admissibility in Indian legal system and future perspectives. International Journal of Humanities and Social Science Invention 2.7 (2013): 15-21. Print.
Parven, Khaleda. Forensic use of DNA information v human rights and privacy challenges. University of Western Sydney Law Review 17 (2013): 41-65. Print.
Shelton, Donald E. Twenty-first century forensic science challenges for trial judges in criminal cases: Where the “Polybutadiene” meets the “Bitumen”. Widner Law Journal 18 (2009): 310-395. Print.
