
DNA Evidence: It's in Your Genes
From the Nolo.com Criminal Law Center
DNA evidence is now common in our courts. Here's
how it works.
Until the 1990s, the only sure-fire way to establish the identity of
an individual was to examine his or her fingerprints. That is because
each individual's fingerprints have a unique pattern. Now, DNA is rapidly
becoming the method of choice when it comes to linking individuals with
crime scenes and criminal assaults.
Most people know that our inherited characteristics come from chromosomes
and genes. Since the 1950s, science has also known that the chromosomes
consist of self-replicating molecules known as deoxyribonucleic acid,
or DNA, and that our genes consist of subsets of these very-large molecules.
Now, as the end of the century rapidly approaches, we are on the verge
of learning which genes result in which characteristics. While this knowledge
promises untold rewards in the treatment of disease, agricultural production
and an understanding of life itself, it is also being used as a means
to uniquely identify individuals and to link individuals to criminal activities.
The universally accepted theory underlying DNA analysis is that every
person (except an identical twin) has certain elements of his or her DNA
that are unique. Different methodologies allow experts to identify these
distinguishing elements. The most common of these methodologies is "RFLP,"
or the "Restriction Fragment Length Polymorphism Technique."
By comparing an individual's known DNA with a sample of DNA from a crime
scene (for example, in a droplet of blood or a strand of hair), an expert
can give an opinion concerning the likelihood that both samples came from
the same individual.
This sort of technology is extremely complex; few people are able to
understand it. And yet the major crime labs and, increasingly, local police
agencies, are becoming adept at comparing DNA samples left at the scene
of a crime with DNA taken from a suspect -- and concluding on that basis
that the suspect is the culprit.
DNA evidence is also proving to be a powerful tool in determining the
innocence of prisoners who were tried before DNA testing in its current
form was an option. If bodily samples, such as blood or semen, were collected
from the crime scene or victim and that evidence is still available for
DNA testing, a showing that the prisoner's DNA doesn't match the crime-scene
DNA can be a powerful reason to conclude that the prisoner is innocent
and should be released. A number of prisoners who were sentenced to death
have been cleared through this technology.
The conclusion that a DNA match proves the defendant's guilt is based
primarily on the assumption that the probability against one individual
matching another is in the hundreds of millions, or even billions, depending
on who is crunching the numbers. However, as overwhelming as these figures
may seem, it's still possible to whittle them down to far less overwhelming
odds -- or even to no odds at all -- if it can be shown that the methods
used by the laboratories doing the testing were flawed in some manner.
It is this approach, among others, that the defense team in the O.J. Simpson
case used to mount its defense against what appeared to be overwhelming
DNA evidence implicating O.J. Simpson as the guilty party.
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