Abstract
The techniques used in DNA profiling are well established and scientifically validated. The scientific validity of DNA evidence can, however, be so persuasive that such evidence risks being reduced to proof of guilt or innocence. Thus, the incorrect use of DNA evidence could lead to a miscarriage of justice where the innocent are convicted and the guilty are acquitted. Drawing from the Supreme Court of Appeal decision in Bokolo v S (Bokolo case), this case note discusses how DNA evidence can be placed in its proper forensic context. The article sets out the ideal role of expert witnesses, the role of opposing or neutral experts, and the active role of judicial officers in evaluating DNA evidence.
Highlights
With the exception of identical twins, everyone has a distinctive DNA signature or ‘genetic fingerprint’, which cannot change or be altered in one’s lifetime, and even after death
This case note draws from the Supreme Court of Appeal judgement in the Bokolo case to underscore the importance of the role of opposing expert witnesses and the active role of judicial officers in placing DNA in its proper forensic context
This judgement raises a number of issues in respect of the role of judicial officers in evaluating DNA evidence, and the role of opposing or neutral experts in aiding the courts to arrive at informed decisions when dealing with DNA evidence
Summary
The techniques used in DNA profiling are well established and scientifically validated. Over the years the science behind the validity of DNA profiling has ‘wowed’ criminal justice systems to the extent that in some cases, it has been mistakenly reduced to evidence proving guilt or innocence. Scientists have developed methods in which sequences of DNA are analysed at a specific locus on a chromosome. The PCR process produces millions of exact copies of the DNA at the specific locus to be analysed. The STR technique makes use of specific type of DNA sequences targeted during the PCR process. If the individual received the same allele from each parent, the electropherogram of his DNA will indicate one peak at a specific locus, otherwise there will be two peaks. If there are more than two peaks and multiple markers, it is likely that the sample is a mixture of DNA profiles from more than one individual. Having briefly discussed the basics of DNA profiling, I turn to discuss the case of Bokolo v S, which forms the crux of the article
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