dna testing as evidence
DESCRIPTION
DNA testing as evidence. “ the most important advance in forensic science as evidence since fingerprinting”. Nicholas Cowerdy QC, DPP. History. Was pioneered in Australia by state Forensic Science Laboratory and introduced into casework in July 1989 - PowerPoint PPT PresentationTRANSCRIPT
![Page 1: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/1.jpg)
DNA testing as evidence
![Page 2: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/2.jpg)
Nicholas Cowerdy QC, DPP
“the most important advance in forensic science as
evidence since fingerprinting”
![Page 3: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/3.jpg)
Was pioneered in Australia by state Forensic Science Laboratory and introduced into casework in July 1989
As a result the following Acts were established:
Crimes (Blood Samples) Act 1989Crimes Legislation (miscellaneous
amendment) Act 1991
History
![Page 4: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/4.jpg)
1. offender leaves a DNA sample at the crime scene e.g. skin, hair, blood or bodily fluids
2. Forensic analyst will compare samples with either a sample from a suspect or a DNA database, to find a match
3. If there's a match the Forensic analyst will consider the statistic likelihood that the sample found at the crime scene could have come from someone other than the suspect or the victim
How is DNA used??
![Page 5: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/5.jpg)
It will help provide the evidence to help prove the guilt of the guilty and set the innocent free
Powerful identification tool where there is no reliable eyewitness identification
Eliminate potential suspects
How does DNA help provide justice?
![Page 6: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/6.jpg)
DNA mass population screening occurs where an entire class of individuals in an area undertakes voluntary DNA sampling to identify the offender in a criminal investigation.
“Norfolk Island Undergoes DNA testing” – ABC news
1250 individuals gave their DNA in order to eliminate themselves as suspects
It rose concerns of possible undermining of the right to silence and the privilege against self incrimination
Mass population screening
![Page 7: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/7.jpg)
Prove an element of the crimeIndicate how a crime of violence has occurred
How does DNA help provide justice?
![Page 8: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/8.jpg)
There were fewer unsolved cases after the advent of DNA profiling (26% pre DNA and 21% post DNA)
Statistics
![Page 9: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/9.jpg)
Benefits of DNA as evidenceOld cases that were previously
thought unsolved may contain DNA evidence capable of identifying the perpetrator
More solved cases when DNA profiling is utilized
Saving in police investigative resources
Fewer trials because of a confession obtained based on DNA evidence
Victims of the community are brought to peace of mind
![Page 10: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/10.jpg)
DNA has been rushed into the courts without agreement in the scientific community
Reliability and accuracy of DNA and whether its admissible in the proceedings
Crimes (Forensic Procedures) Act 2000 : evidence derived from forensic samples that are not taken into accordance with this Act is not admissible
Issues with DNA as evidence
![Page 11: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/11.jpg)
Facts: Frank Button for the rape a 13 year-old girl was quashed when the court unanimously accepted that a DNA test conducted after the trial indicated that someone other than the appellant had committed the offence
The same DNA test could have been carried out prior to trial, but the prosecutor’s explanation to the court was that this was not done as ‘it would not [have been] of material assistance in identifying the appellant as the perpetrator of the crime
Outcome: it was only after the defense lawyer insisted DNA samples be analyzed that it was shown the convicted man should have been excluded as a suspect
R v Button (2001)
![Page 12: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/12.jpg)
Many argue DNA profiling has been used as a lever for more police powers and eroding of civil liberties
E.g: Crimes (Blood Samples) Act 1989 which enables the taking of blood samples from a suspect without consent
Inappropriate use of DNA databases could lead to discrimination
Under Section 4642FC of the Victorian Crimes Act 1958 if a member of the police force does not formally make an application for retention of a DNA sample the chief commissioner “must without delay destroy any sample taken and any related material and information”
Social and ethical issues with DNA
![Page 13: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/13.jpg)
Crimes (Forensic procedures) Act 2000 attempts to strike a balance between the protection of individual rights and societies law enforcement rights
DNA evidence entails citizens having to prove their innocence as opposed to the state having to prove guilt beyond reasonable doubt
Social and ethical issues with DNA
![Page 14: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/14.jpg)
DNA rapidly solves crimesSaves time and effortSaves costsImmediately prove a suspects innocenceMethod of post-conviction exoneration of the
innocentStatistics show there were more suspects
discharged post-DNA profiling for all cases (14% pre-DNA and 21% post-DNA)
Justice?
![Page 15: DNA testing as evidence](https://reader035.vdocument.in/reader035/viewer/2022062501/56816144550346895dd0bd1f/html5/thumbnails/15.jpg)
Standardization of probesStandardization of protocolsDevelopment of standards for accreditation,
quality control and personnel
Changes needed to take place