Wrongful Convictions and DNA
I am sided with the right to allow DNA Analysis for a crime a suspect is convicted for committing but is pledging not guilty in the trial. About 0.5% convictions of crime are the innocent serving jail time in prison or death row and are not even the actual suspect of the crime scene putting other people at fault of those who have not done any harm. This even violates an individual’s right of freedom as they are being wrongfully accused and imprisoned. These people who are being accused should have the right to be proven they are not the suspect by true accurate DNA analysis over false eyewitness or misidentification as even it can be used as an importance of pulling vital clues regarding the perpetrator of a crime in which a victim’s condition is unrecognizable to family or friends.
DNA testing is a critical and accurate tool in linking accused and even convicted criminals for crimes, and should be widely used to assess guilt or innocence before jail sentences are imposed. It was started up by scientists Francis C. Crick and James D, Watson in 1953 as they had described the uses, structures and purpose of the DNA “deoxyribonucleic acid” genetic fingerprint that contains organism information about an individual (testing
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The project has campaigned to expand rights of convicted and the right to undergo DNA evaluation. Some have wanted rights to utilize DNA testing because it was extremely avoid the innocence from serving time and reduce the number of convictions. They have created the organization to be sided with the suspect as they have no useful resources to proclaim their innocence and provide pro bono services and pays off all investigation and litigation costs of all
In Maryland, police officers are permitted to collect DNA from suspects who are arrested for crimes of violence, burglary, or attempted burglary. This has proven to be effective in identifying criminals. One of the criminals that was caught using DNA evidence, Alonzo Jay King, Jr. was extremely dissatisfied when he was linked to and charged for another crime when he was arrested and charged for assault. When his DNA was taken, law enforcement officers found that his DNA matched the DNA evidence of a previous rape case. Because of this discovery, King received the life sentence and decided to appeal his case, arguing that the MDCA (Maryland DNA Collection Act) was unconstitutional and violated the Fourth Amendment. The fundamental question
This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community.
DNA forensics is a division of forensic science that focuses on the use of genetic material in criminal investigation to answer questions pertaining to legal situations, including criminal and civil cases. Through DNA testing, law enforcement officers are able to identify human remains or the individual responsible for a crime. DNA testing is a highly advanced scientific process that involves replicating the human DNA sequence to create a genetic map of an individual. Because of its reliability, DNA testing has become a significant factor in criminal cases. However, it has also been identified as having the potential to violate privacy and constitutional rights. The DNA identification process consists of five stages. These five stages
DNA testing was first used in criminal prosecutions in 1985 and is now admissible in all states. (Hails, 184) Scientific and legal communities seem to universally accept the use of DNA as “good” evidence. Questions could arise regarding testing procedures. There are several testing methods that have been proven reliable and easily pass general acceptance and scientific validity tests. This is causes number of Daubert cases questioning DNA to decline. “In most cases, the tests that are used are well established and do not require a separate hearing” (Hails, 160)
In addition to undeserved charges, DNA testing has exonerated hundreds of people for crimes in which they were convicted over the past few years. When DNA testing became readily available to the criminal justice system, crucial flaws began to surface. It was realized that people were serving hard-time for felony crimes they didn’t commit.
Today in the crime world, DNA evidence is strongly accepted in solving crime cases. This is all based in part by allowing a crime laboratory to have a designated unit whose main goal is to analyze DNA evidence to aid investigators with positive outcomes in crime case solving. With that being said we are going to discuss the functions of a DNA unit within a crime lab as well as address the vital role these units play in solving crime.
If a wrongful conviction occurs nowadays, our greatest chance to prove that it is a wrongful convictions is with DNA
exonerate, or bring about a conviction. In Today’s society DNA evidence and technology is vital
Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the
False confessions have been a leading factor in destroying the lives of many innocent people. Since the advances of technology, victims of false confessions have been exonerated from the charges previously placed on them while others are still fighting for innocence or died a criminal. One technological advance that has exonerated many individuals is DNA testing. According to Randy James, DNA testing was discovered in 1985 and was first used in court to convict Tommie Lee Andrews (Time, 2009). Today many Americans are convicted because of false confessions that have not yet been overturned with new evidence (Kassin, 2014). Although DNA testing has led to freedom for many innocent Americans, there are still many innocent people who are locked
With the number of DNA exonerations growing in the recent years, wrongful convictions reveal disturbing trends and fissures in the justice system. It shows how broken the system is, and why it needs urgent fixing. According to Huff (1996), over ten thousand people are convicted wrongfully for serious crimes each year. This study established that factors leading to wrongful convictions are false eyewitnesses, a prejudiced jury, incompetent prosecutors, and suspects’ ignorance. Where DNA evidence clears a suspect, array of reasons emerge; misconduct, mistakes, to race and class factors. It is important to make DNA data available to attorneys in order to enable them mount a strong
DNA testing should be awarded to all who claim innocence. It is too expensive to carry out DNA testing for every person who is suspected of a crime. It should be done for those who truly believe they are innocent and have evidence in favor of their claim. According to the Innocence Project, the Justice for All Act was established into federal law in 2004. This law awards federal inmates that claim innocence DNA testing. It also grants funding to the states that give the DNA
There have been many incidents where cases have needed a solid prosecution in order to convict the defendant in a murder or rape case. This is where DNA Testing comes in to help. By taking a DNA test, a person can be found guilty or not guilty. If a person claims they have been raped there can be a sperm sample taken from the suspect in order to prove that he is guilty or not. In addition, in a murder case there can be blood taken from the suspect so they can tell of his innocence. There are several ways to determine whether a person is guilty or not by this method. Many cases have begun to use this method saying that it is foolproof. People say this is the method of the future of crime
Because there are many different types of crimes, it is often difficult to find enough physical evidence to convict a person. For example, in rape cases there is usually only a small amount of physical evidence, so cases are based on word alone. Because of DNA testing we can now take samples from the victim and attempt to match the results with those of the suspect. Therefore, DNA is sometimes the only real way of determining the guilt or innocence of a suspect without having any witnesses. Since many rape cases are left unsolved, DNA testing is believed to be the most accurate way of keeping sex offenders off the street. Because of the growing trend of using DNA in rape cases especially, a company in Brooklyn now advertises a small flashlight-like device intended to be used to jab at attackers in order to collect a sample of his skin for later use (Adler). According to a study by Joseph Peterson, with the Department of Criminal Justice at the University of Illinois, DNA evidence does not have a major impact on the decision to either convict or acquit
Have you ever been grounded or punished by your parent’s for something you honestly didn’t do? Maybe your sibling or friend stole something or hurt someone and the blame and the “horrible” consequences were put on you. No phone, no TV, no friends over, confined to your room. Straight tortures and a feeling of betrayal and dishonesty from everyone around you. Now, imagine being an adult wrongfully accused of a major crime such as an armed robbery or murder, which they didn’t commit, except it isn’t being grounded or their parents they 're worried about, its sitting behind bars, no longer a free citizen, fighting for their freedom with most likely one of the following things happened such as an eyewitness identified the wrong individual, false confessions, Perjury, maybe even forensic science error. Imagine as a child how you felt being grounded in the comfort of our own home. Just picture how an individual would feel wrongfully convicted in a cold, 10x10 box with a cold cot to sleep on! The injustice of being convicted and imprisoned for a crime one did not commit is intuitively apparent. I would take being grounded over a jail cell any day.