DNA fingerprinting evidence

The reliability of the theory behind DNA analysis is not disputed. DNA analysis has proven itself reliable in the realm of genetic research. However, unless a standard which sets requirements for more than general acceptance of only the theory underlying DNA profiling, the courts are able to ignore the shortcomings of the various techniques when applied to samples acquired from a crime scene.2

While DNA testing is often referred to as DNA "fingerprinting," this term is disfavored because of its tendency to create unsubstantiated beliefs and expectations in the minds of judges and jurors.3

As the newest method of establishing identity, DNA profiling has been widely touted as the most powerful, most accurate piece of forensic evidence that has ever been created. Using minute tracers of genetic material extracted from seemingly harmless sources such as a single strand of hair, a speck of dried blood, a drop of saliva, or a semen stain on a bedsheet, DNA testing attempts to identify criminals by "matching" the suspect's own DNA with samples acquired at the crime scene.4 The human

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e rather than the exception in the crime lab. DNA samples derived from crime scenes may be subject to bacterial contamination, physiological alteration, and degradation due to time lapse or exposure to the elements.16 Another troubling implication is that the criminal trial may become a trial by laboratory test, rather than a trial by jury. Nevertheless, DNA fingerprinting makes the probabilities even higher that the person is correctly accused.17 To increase use of DNA fingerprinting in criminal cases, it may be necessary for additional requirements to be imposed in criminal cases to limit and control the method by which the evidence is presented to the jury. For example, a court may require that a part of any sample found at the crime scene, and subjected to a DNA test, be made available to the defendant for an independent test or tests for possible contaminants or testing errors.18 Proponents claim that a test that is performed incorrectly, or uses overly-degraded DNA, will not yield a false reading, but rather no reading at all. Tests based on decayed or insufficient DNA samples prevent significant risks of producing non-unique prints that may be used to wrongly inculpate an innocent person.19 DNA profiling is dest
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Approximate Pages = 13 (250 words per page)

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