Giving the reader an in-depth understanding of DNA evidence in criminal practice, this text explains in clear language how DNA evidence is obtained and how it can be successfully challenged in court to minimize its impact or even dismiss it completely. Since it first entered the criminal legal practice DNA has become an indispensable tool in fighting crime, as it allows both unambiguous identification of the criminal by traces of biological material left at the crime scene as well as acquitting innocent suspects. This book: outlines the various types of testing used to obtain DNA evidence highlights the weaknesses of DNA testing, presenting and discussing defence strategies for refuting DNA evidence shows how DNA should be treated as just another piece of evidence and how on its own it is often not enough to convict someone of a particular crime. This book is essential reading for students and practitioners of criminal law and practice and forensic science and law.
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Misleading DNA Evidence: A Guide for Scientists, Judges, and Lawyers presents the reasons miscarriages of justice can occur when dealing with DNA, what the role of the forensic scientist is throughout the process, and how judges and lawyers can educate themselves about all of the possibilities to consider when dealing with cases that involve DNA evidence. DNA has become the gold standard by which a person can be placed at the scene of a crime, and the past decade has seen great advances in this powerful crime solving tool. But the statistics that analysts can attach to DNA evidence often vary, and in some cases the statistical weight assigned to that match, can vary enormously. The numbers provided to juries often overstate the evidence, and can result in a wrongful conviction. In addition to statistics, the way the evidence is collected, stored and analyzed can also result in a wrongful conviction due to contamination. This book reviews high-profile and somewhat contentious cases to illustrate these points, including the death of Meredith Kercher. It examines crucial topics such as characterization of errors and determination of error rates, reporting DNA profiles and the source and sub-source levels, and the essentials of statement writing. It is a concise, readable resource that will help not only scientists, but legal professionals with limited scientific backgrounds, to understand the intricacies of DNA use in the justice system. - Ideal reference for scientists and for those without extensive scientific backgrounds - Written by one of the pioneers in forensic DNA typing and interpretation of DNA profiling results - Ideal format for travel, court environments, or wherever easy access to reference material is vital
Josiah Sutton was convicted of rape. He was five inches shorter and 65 pounds lighter than the suspect described by the victim, but at trial a lab analyst testified that his DNA was found at the crime scene. His case looked like many others -- arrest, swab, match, conviction. But there was just one problem -- Sutton was innocent. We think of DNA forensics as an infallible science that catches the bad guys and exonerates the innocent. But when the science goes rogue, it can lead to a gross miscarriage of justice. Erin Murphy exposes the dark side of forensic DNA testing: crime labs that receive little oversight and produce inconsistent results; prosecutors who push to test smaller and poorer-quality samples, inviting error and bias; law-enforcement officers who compile massive, unregulated, and racially skewed DNA databases; and industry lobbyists who push policies of "stop and spit." DNA testing is rightly seen as a transformative technological breakthrough, but we should be wary of placing such a powerful weapon in the hands of the same broken criminal justice system that has produced mass incarceration, privileged government interests over personal privacy, and all too often enforced the law in a biased or unjust manner. Inside the Cell exposes the truth about forensic DNA, and shows us what it will take to harness the power of genetic identification in service of accuracy and fairness.
Now in its second edition, Forensic DNA Evidence Interpretation is the most comprehensive resource for DNA casework available today. Written by leaders in the fields of biology and statistics, including a contribution from Peter Gill, the father of DNA analysis, the book emphasizes the interpretation of test results and provides the necessary formulae in an easily accessible manner. This latest edition is fully updated and includes current and emerging techniques in this fast-moving field. The book begins by reviewing all pertinent biology, and then provides information on every aspect of DNA analysis. This includes modern interpretation methods and contemporary population genetic models available for estimating DNA frequencies or likelihood ratios. Following a chapter on procedures for validating databases, the text presents overviews and performance assessments of both modern sampling uncertainty methods and current paternity testing techniques, including new guidelines on paternity testing in alignment with the International Society for Forensic Genetics. Later chapters discuss the latest methods for mixture analysis, LCN (ultra trace) analysis and non-autosomal (mito, X, and Y) DNA analysis. The text concludes with an overview of procedures for disaster victim identification and information on DNA intelligence databases. Highlights of the second edition include: New information about PCR processes, heterozygote balance and back and forward stuttering New information on the interpretation of low template DNA, drop models and continuous models Additional coverage of lineage marker subpopulation effects, mixtures and combinations with autosomal markers This authoritative book provides a link among the biological, forensic, and interpretative domains of the DNA profiling field. It continues to serve as an invaluable resource that allows forensic scientists, technicians, molecular biologists and attorneys to use forensic DNA evidence to its greatest potential.
Forensic DNA Applications: An Interdisciplinary Perspective was developed as an outgrowth of a conference held by the International Society of Applied Biological Sciences. The topic was human genome–based applications in forensic science, anthropology, and individualized medicine. Assembling the contributions of contributors from numerous regions around the world, this volume is designed as both a textbook for forensic molecular biology students and a reference for practitioners and those in the legal system. The book begins with the history and development of DNA typing and profiling for criminal and civil purposes. It discusses the statistical interpretation of results with case examples, mitochondrial DNA testing, Y single nucleotide polymorphisms (SNPs) and short tandem repeats (STRs), and X SNP and STR testing. It also explores low copy number DNA typing, mixtures, and quality assurance and control. The second section examines the collection and preservation of biological evidence under a variety of different circumstances and the identification of human remains—including in mass disaster settings. It discusses applications to bioterrorism investigations, animal DNA testing in criminal cases, pedigree questions and wildlife forensic problems, applications in forensic entomology, and forensic botany. The third section explores recent developments and new technologies, including the rigorous identification of tissue of origin, mtDNA profiling using immobilized probe strips, chips and next-generation sequencing, the use of SNPs to ascertain phenotypic characteristics, and the "molecular autopsy" that looks at aspects of toxicogenetics and pharmacogenetics. The book concludes with a discussion on law, ethics, and policy. It examines the use of DNA evidence in the criminal justice system in both the United States and Europe, ethical issues in forensic laboratory practices, familial searches, DNA databases, ancestry searches, physical phenotyping, and report writing. The contributors also examine DNA applications in immigration and human trafficking cases and international perspectives on DNA databases.
Uses case studies to examine how investigators collect genetic evidence and discusses how DNA has altered crime-solving and the court system as well as the ethical ramifications of cloning, genetic modification, and the death penalty.
DNA Evidence in the Australian Legal System discusses the legal issues associated with DNA evidence, ranging from crime scene collection and DNA databases through to its use in criminal trials and appeals. This integrated text explains important legal issues associated with DNA evidence that have developed alongside the science. While there are a number of books available that discuss DNA evidence from a forensic science perspective, this text is one of the few worldwide to focus on these issues from a legal perspective. A wide range of legal issues are discussed, including those associated with the collection of DNA evidence at the crime scene, laboratory analysis, creation of DNA profiles, use of DNA databases, the presentation of DNA evidence at trial, and the use of DNA in the review of convictions and acquittals. Forensic procedures legislation is reviewed, as well as key cases relevant to each of these topics. The text also includes a comparative discussion of developments in key jurisdictions such as the United Kingdom and United States, providing context for current and potential future developments in Australia. It is intended that this book will be an authority on DNA evidence and the law in Australia and an important reference for those studying, working with or researching the topic. This includes professionals such as lawyers, researchers, police, laboratory scientists, policymakers and expert witnesses who work in the criminal justice system, as well as students of law, criminology, criminal justice and forensic science.
The use of DNA profiling in forensic cases has been considered the most innovative technique in forensic science since fingerprinting, yet for those with limited scientific knowledge, understanding DNA enough to utilize it properly can be a daunting task. Introduction to Forensic DNA Evidence for Criminal Justice Professionals is designed for nonscientific readers who need to learn how to effectively use forensic DNA in criminal cases.Written by a forensic scientist world renowned for her expertise in clothing examination, the book provides a balanced perspective on the weight of DNA evidence. Going beyond a simple explanation of the methodology, it arms attorneys and other criminal justice professionals with knowledge of the strengths and limitations of the evidence, including the danger in relying on DNA statistical probabilities in the determination of guilt. The book covers the most common DNA methods used in criminal trials today nuclear DNA short tandem repeat (STR) techniques, mitochondrial DNA, and Y-STR profiling. It helps prosecutors know when to emphasize DNA evidence or proceed with trial in the absence of such evidence. It assists defense lawyers in knowing when to challenge DNA evidence and perhaps employ an independent expert, when to focus elsewhere, or when to secure the advantage of an early guilty plea.By imparting practical and theoretical knowledge in an accessible manner, the book demystifies the topic to help both sides of the adversarial system understand where DNA evidence fits within the context of the case.
