Misleading DNA Evidence: Reasons for Miscarriages of Justice

Misleading DNA Evidence: Reasons for Miscarriages of Justice Int. Comment. Evid. 2012; 10(1): 55­71 Book Review Peter Gill* DOI 10.1515/ice-2014-0010 1 Introduction This article is a brief review of my book ": Reasons for Miscarriages of Justice", published by Academic Press, Elsevier (Gill, 2014). It is nearly 30 years since the first demonstration of DNA profiling in forensic science. Since then, the technique has evolved remarkably. In the early days, only large "visible" crime-stains (e.g. blood, semen) were analysed. This was imposed by the relatively poor sensitivity relative to the today's standards. There is an inherent advantage to the interpretation of macro-DNA samples, in that it is much easier to deduce the relevance of a supposed crime-stain to the crime-event itself. From the perspective of a court, the fact that a DNA profile may match a defendant is of secondary interest to the questions: "how" and "when" did the DNA-transfer take place? For a defendant to be found guilty, a court must be convinced that the DNA profile is associated with the crime-event itself. The forensic scientist attempts to apply "deductive logic" in order to associate the DNA profile with some other aspect of the case ­ it is not the "fact" of a matching DNA http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Commentary on Evidence de Gruyter

Misleading DNA Evidence: Reasons for Miscarriages of Justice

International Commentary on Evidence, Volume 10 (1) – Dec 1, 2012

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Publisher
de Gruyter
Copyright
Copyright © 2012 by the
ISSN
2194-5691
eISSN
1554-4567
D.O.I.
10.1515/ice-2014-0010
Publisher site
See Article on Publisher Site

Abstract

Int. Comment. Evid. 2012; 10(1): 55­71 Book Review Peter Gill* DOI 10.1515/ice-2014-0010 1 Introduction This article is a brief review of my book ": Reasons for Miscarriages of Justice", published by Academic Press, Elsevier (Gill, 2014). It is nearly 30 years since the first demonstration of DNA profiling in forensic science. Since then, the technique has evolved remarkably. In the early days, only large "visible" crime-stains (e.g. blood, semen) were analysed. This was imposed by the relatively poor sensitivity relative to the today's standards. There is an inherent advantage to the interpretation of macro-DNA samples, in that it is much easier to deduce the relevance of a supposed crime-stain to the crime-event itself. From the perspective of a court, the fact that a DNA profile may match a defendant is of secondary interest to the questions: "how" and "when" did the DNA-transfer take place? For a defendant to be found guilty, a court must be convinced that the DNA profile is associated with the crime-event itself. The forensic scientist attempts to apply "deductive logic" in order to associate the DNA profile with some other aspect of the case ­ it is not the "fact" of a matching DNA

Journal

International Commentary on Evidencede Gruyter

Published: Dec 1, 2012

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