Abstract
At present, the utility of forensic evidence has acquired admissibility in the area of criminal justice. This utility has been applied in various legal systems worldwide; wherein scientific evidence such as DNA helps the courts to decide complicated high-tech crime cases. Scientific evidence such as DNA is a tool used to ascertain the guilt or innocence of suspect with certainty when evidence such as blood, semen have been left at crime scene. It plays a duo role either to exonerate individual falsely accused or convict those guilty of crimes. DNA evidence is normally used to resolve criminal case in various ways. The first scenario is when the suspect is known and DNA sample collected from him/her is compared from the DNA sample collected from the scene of crime to ascertain the involvement of suspect in commission of crime. The second one is when the suspect is unknown but he/she leaves the biological evidence at the crime scene where these evidence can be analysed and compared with perpetrator’s DNA profile from DNA database to establish his/her identity. Moreover, through the use of DNA profile from database, DNA evidence collected from crime scene when the originator is unidentified be utilised to link other already committed crimes. In these circumstances, DNA technology is increasingly vital to safeguard correctness and objectivity in crime solving. Its use in Rwandan criminal justice system has not yet yielded significant impact on administration of justice. This is due to the fact that in criminal justice, forensic science in general and DNA technology in particular are still at infant stage and have not yet been introduced as subject in any law curriculum; lack of specific DNA legislation is another stumbling block wherein DNA evidence is considered as circumstantial evidence with minor consideration. It is the time wherein all actors of justice and all stakeholders (criminal justice chain and law colleges) should realize that this genetic evidence is a powerful and helpful tool for securing prosecution as well as helping to eliminate suspects early in investigation and increase prosecution rate, hence giving justice. The enactment of specific DNA legislation will guide the Investigators and Prosecutors in conducting investigation and prosecution and also the Judges in directing or evaluating DNA tests. For these reasons, DNA evidence and database need to be legally recognized through such new legislation and DNA technology be introduced in law colleges. This is one of mechanisms to break the circle of lack of awareness, admissibility of DNA evidence and make stakeholders acquainted with forensic science in general.
Highlights
The modus operandi of high-tech crime is very complex in the modern scientific era
Its use in Rwandan criminal justice system has not yet yielded significant impact on administration of justice. This is due to the fact that in criminal justice, forensic science in general and DNA technology in particular are still at infant stage and have not yet been introduced as subject in any law curriculum; lack of specific DNA legislation is another stumbling block wherein DNA evidence is considered as circumstantial evidence with minor consideration
The present article is critical analysis which points out issues and challenges related to the use and efficacy of scientific evidence such as DNA in the Rwandan legal system to improve criminal justice system, wherein the lack of DNA legislation is examined with special emphasis
Summary
The modus operandi of high-tech crime is very complex in the modern scientific era. Advances in science and technology applied in real life must be met and regulated with laws, especially in the administration of criminal justice. It is essential to enhance techniques of crime detection in order to decrease crime and preventing breach of the law Genetic evidence such as DNA can be employed in investigation and to establish occurrence of crime and guilt of perpetrators. In order to keep abreast with developments taking place in the world in general, East Africa and Rwanda in particular, Rwandan legal system needs to go hand in hand with such advances by introducing DNA technology as subject in law curriculum and enacting a specific DNA legislation to accommodate fully the scientific use of DNA evidence. Rwandan legal system needs to adopt scientific evidence such as DNA and at the same time enact a law governing its use and train all stakeholders (Murangira, 2013). T. 402 tainted or destroyed (Lazer, 2004)
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