Abstract
DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with the scientific basis and presentation of such evidence, as well as with its potential pitfalls. In an effort to provide the legal profession with a background to this complex and useful type of evidence, this article looks at the biochemical nature of DNA, at DNA profiling and its use in criminal trials, and at the processes of DNA collection and analysis in the Biology Unit of the Forensic Science Laboratory of the South African Police Service. The presentation of DNA evidence in court is then evaluated and the future of DNA evidence, including legislative reform, and the creation of a DNA database are discussed.
Highlights
Like latent fingerprints, our DNA1 is an individuating factor[2] that is unique to each human being
Since the dynamics of a crime scene are not usually conducive to the collection of large quantities of DNA, amplification of available DNA using the Polymerase Chain Reaction (PCR) is routinely used to increase the amount of DNA at the relevant loci to allow for accurate DNA profiling
According to Mooki,[113] the United States National Research Council has declared that DNA profiling and the creation of databanks pose a special risk of the invasion of privacy as far as medical and personal traits are concerned
Summary
Forensic DNA laboratories across the globe employ uniform methods and standards of DNA typing. The Forensic Science Laboratory adheres strictly to these methods and standards.[29]. The process of DNA typing commences with the extraction of the genetic material from the DNA-containing matter collected from the scene. Since the dynamics of a crime scene are not usually conducive to the collection of large quantities of DNA, amplification of available DNA using the Polymerase Chain Reaction (PCR) is routinely used to increase the amount of DNA at the relevant loci to allow for accurate DNA profiling
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