| DNA testing is a vital tool in establishing the true | | | | decision whether or not to proceed to |
| owner of genetic material, or in resolving disputes | | | | prosecution. Combined with witness identification |
| as to parentage such as in the case of DNA | | | | or other testimony, DNA evidence can raise |
| Paternity Testing. But it is also of use in a more | | | | particularly powerful questions as to the innocence |
| social context - in the sphere of solving crime and | | | | or otherwise of the accused. |
| delivering justice. | | | | DNA Testing - Is it prejudicial to the accused? |
| Compared to fifty years ago, thanks to advances | | | | In courts across the world, DNA results have |
| in DNA testing, police forces the world over are | | | | been used to gain valuable convictions against |
| finding convictions for more serious crimes are | | | | some of the most dangerous and violent of |
| seriously boosted by the availability of DNA | | | | criminals, many of whom would otherwise have |
| testing techniques. So what role has DNA testing | | | | walked free. However there have been some |
| come to play in the judicial system, and is this a | | | | successful appeal verdicts heard on the basis of |
| reliable process on which to base criminal | | | | overly prejudicial evidence. DNA results, after all, |
| convictions? | | | | do not prove an individual committed a crime - |
| DNA Testing - Providing evidence | | | | they can only determine the presence, positively |
| Biologically, DNA testing is a highly accurate way | | | | or negatively, of genetic material, which is an |
| of determining genetic relationships, and | | | | important element of circumstantial evidence, but |
| determining a positive identification of the source | | | | not necessarily critical to the case. Thus some |
| of any genetic material found at the scene of the | | | | high-profile individuals have claimed DNA evidence |
| crime. In many instances it can confirm that a | | | | to give a potentially misleading impression to jury |
| suspect was present at a scene, or was found to | | | | members, which might adversely affect a fair trial. |
| bear the DNA of the victim, which is of course | | | | DNA Testing - Here to stay |
| very useful, and often determining, information to | | | | There is no doubt DNA testing has become more |
| help solve a crime. However, some corners have | | | | relevant in a legal context in recent years. What's |
| suggested that DNA testing might be too | | | | more, with continuing research in the field, the |
| prejudicial to the accused, and have subsequently | | | | methods and techniques available will continue to |
| called for directions as to the nature of the | | | | improve. In addition, when it comes to determining |
| evidence presented to be put forth in jury trial | | | | whether we're right to put such faith in genetic |
| settings by the presiding Judge. | | | | testing, it's best to consider that we don't have |
| The main advantage of DNA testing in court | | | | any better scientific way of determining identity. |
| cases is that it's capable of placing the accused at | | | | When used with other circumstantial evidence, it is |
| the scene of the crime or confirming that the | | | | generally accepted that DNA testing is particularly |
| accused has come into contact with a victim. | | | | effective, and rightly an important inclusion in the |
| Along with other strands evidence, this can prove | | | | modern criminal justice system. |
| crucial to the outcome of the case and the | | | | |