What are the advantages and disadvantages of using DNA evidence in the criminal justice system?

The ability to predict physical characteristics from DNA presents significant opportunities for forensic science. Giving scientists an ability to make predictions about the donor of genetic material at a crime scene can then give investigators new intelligence leads for cold cases where DNA evidence has not identified any person of interest. However, the interpretation of this new form of intelligence requires careful analysis. The responses to an online survey, conducted in 2018-19, were used to examine how actors in the criminal justice system assess and interpret different types of DNA evidence and intelligence. The groups of focus for the survey were investigators, legal practitioners and the general public (as potential jurors). Several statistically significant effects were identified based on occupation and whether an individual had prior exposure to new DNA technology. Monitoring how those involved in interpreting reports from different types of DNA evidence and intelligence interpret them helps to ensure that decisions are made based on a sound understanding of their capabilities and limitations and may inform broader training and awareness strategies.

Forensic evidence, and most prominently DNA evidence, is often understood as particularly reliable and “objective.” However, just as other evidence, forensic evidence must be interpreted and thus made meaningful in order to “say” something about a defendant's culpability. This paper discusses how meaning is created from and around forensic evidence: in criminal trials, evidence is placed in legally meaningful narratives that draw upon well-known cultural scripts and categories and that associate (or disassociate) a defendant with legal categories and consequences. The paper will demonstrate that these stories are not only told in court as a means of arguing a case, but are also continuously told and re-shaped during pre-trial investigations, as evidence in a case is assembled and assessed. Consequently, I argue that, in order to understand forensic evidence, it is just as important to pay attention to pre-trial investigations as it is to study forensic laboratories and courtroom interactions.

This review article delves into the pivotal role of DNA in advancing criminal investigations, presenting a comprehensive analysis of its impact on modern justice systems. DNA, as the genetic blueprint of individuals, has revolutionized forensic science, augmenting the accuracy and reliability of criminal investigations. This study explores the historical evolution of DNA analysis, from its initial discovery to the development of sophisticated techniques like polymerase chain reaction (PCR), short tandem repeat (STR) profiling, and next-generation sequencing (NGS). The article elucidates the intricate process of DNA collection, preservation, and analysis, highlighting its significance in establishing identity, proving guilt or innocence, and resolving cold cases. The utilization of DNA databases and international cooperation in cross-border investigations are also examined, emphasizing their contributions to solving complex criminal cases. Moreover, the ethical, legal, and privacy considerations surrounding DNA usage in criminal justice are critically evaluated. Through a comprehensive literature review, this article synthesizes empirical evidence showcasing how DNA evidence has exonerated wrongfully convicted individuals and provided closure to victims' families. It further elucidates how technological advancements have extended DNA analysis to trace evidence, touch DNA, and forensic genealogy, thereby broadening its application in criminal investigations.

Most of the studies published in Hungary on the judicial expert system and expert evidence in criminal proceedings do not deal with the question whether the availability of forensic DNA experts is adequate for the defense. This paper examines the current legal environment and focuses on this question. The study also gives a brief overview of the circumstances when DNA analysis plays an essential role in criminal cases. Finally, the article will show whether the defense can employ its own forensic DNA expert in criminal cases.

DNA profiling is one of the powerful breakthroughs in forensics. This specialized technique has made the identification of an individual possible even by a tiny shred of tissue or drop of blood thus, has strongly revolutionized various criminal investigations. Rape, paternity, and murder cases are the type of criminal cases commonly solved by the use of this technique. It has been recently introduced to forensic odontology and is also used frequently. Although this is a powerful and reliable scientific technique but its forensic use is a major contribution to the debate on law reform. The application of DNA profiling in the criminal justice system, i.e., the admissibility of DNA evidence in court of law is an important issue which is being faced by the courts and forensic experts worldwide today. Thus, a proper legal outlook is required while dealing with this kind of scientific evidence. Therefore, this review intends to make forensic experts/odontologists aware about the admissibility of DNA evidence in court, with a highlight on the laws related to the admissibility of evidence worldwide, having a special focus on the laws related to admissibility of evidence in Indian judicial system. For this review, the literature was overviewed from articles on DNA evidence and admissibility retrieved by searches on electronic databases such as Google, PubMed, and EMBASE from 1975 through July 2015.

Forensic DNA kinship investigation involves analyzing genetic relationships between individuals to offer new leads for solving (cold) cases. Familial DNA matching has become a valuable asset in criminal case investigations, especially when traditional DNA methods hit dead ends. However, concerns surrounding ethical and privacy implications raised questions about its implementation and acceptance among the general public. The present study investigated the public perspectives regarding forensic DNA kinship investigations among 1710 Dutch-speaking Belgians using an online cross-sectional survey. The questionnaire consisted of three categories, including personal information, DNA knowledge, and their opinion on several familial DNA searching and investigative genetic genealogy related questions. The participants' average DNA knowledge score was 71 %, indicating a relatively high level of understanding of DNA-related concepts. Remarkably, the study revealed that 92 % of the participants expressed willingness to cooperate as a volunteer in a forensic DNA kinship investigation, irrespective of their scientific background or educational level. Key factors influencing participation included assurance of painless sampling and robust privacy safeguards. Participants lacking familiarity with DNA hesitated more towards participating in forensic DNA analysis, referring to "the fear of the unknown". Despite ethical and privacy concerns, the highly positive attitude towards forensic DNA analysis reflects a level of empathy and willingness to contribute to the pursuit of justice. Nearly all participants (95 %) agreed to use online DNA databases for resolving violent crimes with forensic genetic genealogy, but half emphasized the need for prior informed consent, referring to the current “opt-in” system. The results underscore the need for stringent regulations and ethical oversight to ensure the responsible use of genetic data while striking a balance between public safety and the protection of individuals' privacy rights. These findings add to the growing body of evidence regarding the potential benefits of forensic DNA kinship matching as a tool in criminal investigations, suggesting its potential future utilization and legalization.

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.

The South African Criminal Legal System is based on Roman Dutch law. Court proceedings are led by a single presiding officer of the court. Prosecutors and defence advocates present the court with evidence in an adversarial manner. This system has inherent advantages and disadvantages and therefore the training of legal professionals in handling DNA evidence in court is important. The prosecutors resort under the National Prosecuting Authority and the defence advocates act independently or e.g. under the auspices of Legal Aid South Africa.Education curricula of legal professional do not include forensic science evidence. Principles such as evidential value in the forensic context are not addressed. Training of legal professionals with our Essential DNA Evidence™ Course has been a multiplier of forensic science knowledge in the legal profession in South Africa. We present prosecution and defence perspectives in an unbiased manner, compensating for the possible subjective interpretations of evidence that may be presented in court. Forensic evidence is subsequently carefully evaluated prior to being court presentation thus improving court efficiency, and allowing for a more focussed approach to the presentation of evidence. Approaches to the customisation of course content that adds value has been identified via evaluation of training programmes.Experience has shown that legal professionals have the ability to incorporate relatively complex scientific concepts into their legal arguments if provided with the appropriate training opportunity. Appropriate training in DNA evidence has made the court process more effective, both in terms of time and costs, and ultimately serves justice.

With the development of science and technology in the legal field, forensic science has contributed vastly to ensurethat justice is administered to those who are affected. DNA Evidence has played an important role in the criminaljustice system over the recent years. DNA findings have often helped to determine the culprits of several cold caseswhere sufficient traditional evidences were not present. Such evidences aid criminal investigations and helps toestablish a link between the crime and the perpetrators. Hence, DNA evidence is crucial to protect victim’s rightsand solve grave crimes like murder, rape, sexual assault etc. Further, DNA evidence is also utilised to exonerateaccused persons in crimes and for the identification of victims in crimes where the body is severally damaged.This article aims to understand DNA evidence, its importance in ensuring Justice and the various legal challengesinvolved in introducing such evidence before court. The research aims to also determine the need to developand amend criminal legislation to include DNA evidence and the need of a DNA database to ensure immediateidentification of criminals.

AbstractIn this article, we consider the effectiveness of DNA analysis in criminal investigations. Through this investigative tool, unknown victims, suspects, and serial offenders have been identified. At the same time, wrongly charged and convicted individuals have been eliminated from investigations or released from custody following DNA testing. We know forensic DNA analysis is powerful in individual cases/certain crime types, but its aggregate contribution to criminal detections is low and questioned. There is little evidence to demonstrate its actual contribution. We examined the possible reasons for the low impact of forensic DNA, with some recommendations that may further maximize its utility. Available evidence demonstrates that there remains a need to ensure value for money in continued investment in forensic DNA analysis. An evaluation of trends in criminal activities and detection opportunities utilizing DNA evidence may help in identifying specific areas where DNA is most useful, and resources can be focused. Additionally, the potential of integrated multi‐biometric analysis/systems and other evidence types should be explored.This article is categorized under: Forensic Biology > DNA Databases and Biometrics Forensic Biology > Forensic DNA Technologies Jurisprudence and Regulatory Oversight > Expert Evidence and Narrative