DNA Comparison
There’s always that one scene in crime show thrillers—the one
where the the lab technician in a white lab coat nails the killer by extracting
or finding the smallest amount of evidence through DNA. Blockbusters also seem
to do the same thing. The witty, nerdy, and attractive lab tech turns around
evidence in a short matter of time and the there’s almost always a happy ending.
Crime > Investigation > Trial. The
story line remains relatively the same.
Seems quite simple on the big screen, but in fact these
types of scenarios Hollywood perpetuates for their audience actually causes
more problems than solutions. DNA evidence is often not found in most cases and
without DNA, most jurors are hung because they lack this “gold standard” of
evidence they see quite often on television. DNA also puts away innocent
individuals and costs people their livelihoods. DNA has become the golden
standard of all forensic sciences in the twentieth century but even science has
its shortcomings.
What is DNA?
DNA stands for deoxyribonucleic acid (nDNA) and is “the
molecular structure in all living things containing their genetic information”
(Shelton 27). Even though a crime may have been committed years earlier (depending
on the preservation), DNA can still be extracted from the smallest remains. According
to Shelton, DNA started “as a method of determining paternity” and is now the
used in every jurisdiction throughout the country (27). DNA analysis is only
one of many forensic methods, but the National Academy of Sciences (NAS) have
found that “among existing forensic methods, only nuclear DNA (nDNA) analysis
has been rigorously shown to have the capacity to consistently, and with a high
degree of certainty, demonstrate a connection between an evidentiary sample and
a specific individual or source” (Shelton 27). Methods and procedures
pertaining to the admissibility of DNA evidence is consistently changing and
are not universal throughout the U.S. There are in fact different types of
analysis and procedures. For DNA analysis, there are two methods known as the
(1) nDNA method and (2) mitochondrial DNA, and the nDNA testing is the most discriminating,
while the second has more leeway. “DNA testing also does not really produce a
match between two samples, but instead describes the statistical likelihood
that the evidence sample came from someone other than the defendant” (Shelton
28). Another myth debunked from hit TV shows. It’s not really a match but more
less a statistical factor.
Three types of methods are used to generate DNA profiles:
restriction fragment length polymorphism, polymerase chain reaction (PCR), and
short tandem repeats test. PCR-based DNA methods are routinely used because of
its reliability and solid scientific foundation that is accepted by the scientific
community. However, not all sciences are foolproof. With continuous
reconstruction and evaluations of guidelines regarding DNA analysis, DNA
testing can also help produce wrongful convictions.
Problems with DNA Analysis
“According to the Innocence Project, ‘Of of first 225
wrongful convictions overturned by DNA testing, more than 50% (116 cases)
involved invalidated or improper forensic science’” (Acker 316). These cases
and many alike are not only subjected to improper handling of evidence but also
involve expert testimony from “experts” that have actually cost individual’s
their lives. The validity of the evidence and the expert testimony are often
not met due to human error and therefore NAS has set strict guidelines. “Two
important questions underline the law’s admissibility of and reliance upon
forensic evidence in criminal trials: (1) the extent to which a particular
forensic discipline is founded on reliable scientific methodology that gives it
the capacity to accurately analyze evidence and report findings and (2) the
extent to which practitioners in a particular forensic discipline rely on human
interpretation that could be tainted by error, the threat of bias, or the
absence questions are significant (Acker 318). So it matters a great deal on
whether the expert is qualified and whether the evidence is reliable. Finally,
jurors are also not well versed with scientific terms or the fundamentals of
any science (medicine, physics, chemistry, neurobiology, and related
disciplines) and can be a factor in determining a wrongful conviction.
Citation
Acker, James R., and Allison D. Redlich. Wrongful Conviction: Law, Science, and Policy. Carolina Academic Press, 2011.
Shelton, Donald E. "The "Who" Question." Forensic Science in Court: Challenges in the Twenty-first Century. N.p.: Rowman & Littlefield, 2011. pp. 39-50. Print.
Citation
Acker, James R., and Allison D. Redlich. Wrongful Conviction: Law, Science, and Policy. Carolina Academic Press, 2011.
Shelton, Donald E. "The "Who" Question." Forensic Science in Court: Challenges in the Twenty-first Century. N.p.: Rowman & Littlefield, 2011. pp. 39-50. Print.
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