Reliability of DNA in Death Penalty Cases

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Institutional Affiliation Goes Here Abstract

First made a household term by the trial of O .J . Simpson , DNA profiling used as evidence is increasing , as are the questions of its validity First recognized as a science ' DNA profiling has come under fire in the courts and in the media due to admitted errors in the laboratory resulting in the wrongful conviction of innocent people . These errors appear to result from a lack of standards

employed in laboratories and insufficient training for laboratory personnel . In light of the inconsistencies with laboratory testing , it is this writer 's belief that DNA evidence is not 100 reliable and as a result should not be used in isolation in criminal cases resulting in death penalty sentences

Chapter One

Background of the Study

The development of DNA (deoxyribonucleic acid ) testing has added a new

dimension to the determination of guilt or innocence in some criminal cases . DNA is the

fundamental building block of everyone 's genetic makeup and is unique in each

individual , except for identical twins . Blood , semen or hair from a crime scene (the

parent sample ) can be compared with cells swabbed from a suspect 's mouth to see if there

is a match

DNA evidence continues to gain popularity as a reliable source of evidence in

determining the offender of a crime . Although DNA is a powerful tool for determining

identity , in terms of inclusion or exclusion , it must always be considered in the context of

the individual criminal case . Scientifically , its capacity to identify the guilty has grown

year by year , but those results may at times be questionable . Some studies have claimed

as many as 400 innocent people have been put to death . Specific cases have

demonstrated a lack of controls in the laboratory that may account for inaccurate results

DNA evidence is touted as the one solidly reliable scientific evidence yet may not be that

reliable

Currently , 26 states have laws or pending legislation on post-conviction testing

which allow inmates convicted of a felony to have their DNA tested However , each

state has qualifications which will determine the right to have their DNA tested . For

example , the inmate must not have had an earlier test with a definite result application

for the test by people already on death row must be made within a year of the law 's

enactment : prosecuting attorney must give permission for the test within 45 days of

receiving the test application prosecutor 's decision cannot be appealed there must be

some expectation that testing will exonerate the inmate and a satisfactory parent sample

must be available for testing

This study is based on the belief that DNA evidence is not 100 reliable . Death

penalty cases are critical in that , if an individual is executed , the ruling cannot be

reversed if additional discovery proves innocence

Problem Statement

Because of inconsistencies in evidence processing , uncontrolled laboratory

conditions , and...