Premium Essay

Post-Conviction Dna Policy in Criminal Investigations

In: Philosophy and Psychology

Submitted By fshiccs
Words 946
Pages 4
Post-Conviction DNA Policy in Criminal Investigations In most legal systems around the world, the courts have convicted many innocent people due to their legal procedure and laws. Wrongful conviction refers to a miscarriage of justice by convicting or punishing individuals for crimes they did not commit. Similarly, the application of the term may be useful in another direction; civil cases and errors of impunity. Many criminal justice systems have set ways to quash or overturn, a wrongful conviction. However, it is difficult for the criminal justice systems to overturn the decisions of wrongful convictions. In certain instances, overturning a wrongful conviction may take several years, or until the courts have already convicted the innocent person or the person has died. This paper examines the causes of wrongful convictions and focuses on the DNA exoneration policy. Causes of Wrongful Convictions The first clinic to work on non-DNA exonerations was the Michigan Innocence Clinic. It revealed particular circumstances that people have always deemed as the wrongful conviction. The scenarios reveal that the criminal justice needs amendments and change how the Michigan Innocence clinic should deal with the system’s trends. The following are among the causes of wrongful convictions: Eyewitness Misidentification: sometimes the eyewitnesses could misidentify a person and cause wrongful conviction on the person. According to Loftus & Greene (1980), the human is not a recorder and as such, it is a reliable source of information. It is because eyewitnesses cannot remember everything exactly the way it happened. Similarly, Junk science is another cause of wrongful convictions. There has been numerous forensic methods for testing but have brought no or little scientific justification and with…...

Similar Documents

Premium Essay

Dna Analysis in Criminal Justice

...In the last decade, DNA analysis has become a mainstay of the criminal justice system the gold standard for identification (Liptak). The role of deliberation in the integration of technology and society examines where we, as a society, have reached a consensus or should on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some forms of DNA databases are effective and appropriate investigatory tools. Areas of Consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follows a number of measures to take in consideration: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and those statutes of limitation should be increased or abolished. The second area of consensus is that DNA databases in some form, at least are legitimate and effective investigatory tools. Time has been deeply programmed into justice both pre conviction, with respect to statutes of limitation, and post-conviction, in limitations on......

Words: 1639 - Pages: 7

Premium Essay

Criminal Investigation(Jeffrey Dahmer)

...------------------------------------------------- Jeffrey Dahmer ------------------------------------------------- AJ 63-Criminal Investigations ------------------------------------------------- Shane Brashear 25 OCT 13 The killing of three or more people, by the same individual, is considered serial killings.   The murders are often committed with in days, weeks, months, or years apart.     Most serial killers are afraid of being caught, and they take precautions in order to continue killing . Serial killers tend to murder strangers rather than people they know.   Their victims normally have something in common such as age, race, educational background, gender, occupation, or facial features.   Serial killers normally have an image of the perfect victim, but will sometimes settle for anyone, if he cannot find his preference.      Victims who are from broken homes, runaways, prostitutes, and they who suffer from drug and alcohol abuse normally fall prey to serial killers.   Serial murders sometimes share common characteristic; however, their approach to killing might differ.   According to Fahui Wang, some serial killers are organized and others are disorganized.   Some serial killers are very organized, and they plan their attacks with care; they tend to be very selective in choosing their victims, and oftentimes, follow the same patterns when committing a crime.   Their crimes are planned in detail, and they involve various ways in which the murders will occur.  ......

Words: 2303 - Pages: 10

Premium Essay

Criminal Investigation

...Truro Police Department CRIMINAL INVESTIGATION Policy Number: OPS-6.02 REFERENCE: TPDM Policy OPS-6.02.1 Effective Date: June 1, 2000 Revised Date: October 20, 2004 Accreditation Standards: Mass. Gen. Law: Chap. 90, Sec.22B, MRCP 14(a)(1)(A)(viii) Other: Comm. v. DiGiambattista, District Attorney’s Guidelines on Identification Procedures _________________________ POLICY: It shall be the policy of the Truro Police Department to conduct criminal investigations for the purpose of clearing crimes by arrest and/or complaint; to prosecute lawbreakers; and to recover stolen property. Whenever members of this department conduct an investigation, which requires the interrogation of a suspect, or an interview, connected therewith, all constitutional and statutory rights guaranteed under the law shall be afforded to the individual. The Truro Police Department will ensure that there is a screening of all reported offenses to assure adequate follow-up investigation whenever appropriate. Whenever possible, the District Attorney’s Guidelines on Identification Procedures with attached forms and checklists will be used when dealing with photo line ups, arrays, show ups and taped interrogations and identifications. (Revised October 20, 2004) PROCEDURES: 1. UNIFORM PATROLMEN CONDUCT PRELIMINARY INVESTIGATIONS: Most preliminary investigations will be conducted by members of the patrol force since they are usually the first to arrive at the scene and can start the investigation without delay.......

Words: 4250 - Pages: 17

Free Essay

Criminal Investigation

...ѕеriοuѕ сrimеѕ, ѕuсh аѕ driving withοut а liсеnѕе, саn bе сοnсludеd in οnе сοurt ѕеѕѕiοn. In thеѕе typеѕ οf саѕеѕ, thе judgе liѕtеn tο thе еvidеnсе, mаkе dесiѕiοn rеgаrding thе guilt οr innοсеnсе, аnd pаѕѕ vеrdiсt аgаinѕt thе guilty. Οn thе οthеr hаnd, саѕеѕ thаt invοlvе ѕеriοuѕ сrimе ѕuсh аѕ murdеr аnd kidnаpping саn bе prеѕеntеd in frοnt οf а grаnd jury. Thiѕ jury thаt οftеn сοnѕiѕtѕ οf 16 tο 23 pеοplе dесidеѕ whеthеr thеrе iѕ ѕuffiсiеnt еvidеnсе аgаinѕt thе ассuѕеd аnd ѕhοuld thiѕ саѕе gο οn fοr thе triаl. In prасtiсе, mοѕt οf thе саѕеѕ аrе ѕеttlеd by plеа bаrgаining. In thiѕ prοсеdurе, thе pеrѕοn аgrееѕ tο plеаd guilty in еxсhаngе οf ѕhοrtеr priѕοn ѕеntеnсе (Jerold et al., 2003). References Jerold H.; Kamisar, Y.; LaFave, R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing...

Words: 299 - Pages: 2

Free Essay

How Has Our Knowledge of Dna Improved the Study of Criminal Forensics?

...How has our knowledge of DNA improved the study of criminal forensics? Introduction Through genetics, the study of DNA, we are able to figure out what and how genes are responsible for many things like our hair color or why do some people look a lot like their parents and others don’t. It also allows us to understand better how species evolve and how are they related to each other. It is important to understand how DNA mutates, changes and replicates in order to get information about what mechanisms cause DNA to change. In the 1970s scientists developed a DNA sequencing technique and other methods to manipulate and analyze DNA. This gave them the basic tools to start exploring the DNA blueprint which provided the techniques for a vast international project called The Human Genome Project (MRC). The Human Genome Project which was a major international project with the goal of decoding all our genetic information by 2003. A rough draft was done in June 2003 and it was a huge milestone that helped us understand how our genes can determine who we are (Genome Project). Many of today’s advances in DNA and biotechnology allow scientists and medical doctors to potentially cure genetic disorders through gene therapy by inserting, deleting or manipulating genes (Tillery, page 686). Another use of DNA technology is the creation of mutation by transferring DNA from one organism to another through techniques like cloning and introducing new DNA sequence into an organism to......

Words: 1437 - Pages: 6

Premium Essay

Criminal Investigation Process

...The Criminal Investigation Process is a very important aspect of the criminal justice system in today’s society. The smallest mistake in any investigation can allow a dangerous criminal to walk free. The process sets guidelines for law enforcement officers and forensic investigators to follow when processing a scene, collecting evidence, and reporting their findings. The essential steps for any investigations team to follow are: Determine team composition, control contamination, document the scene, prioritize evidence collection, and collect, preserve, inventory, package, and transport and submit evidence. After all of that is accomplished the team has to get together to debrief about the crime scene, perform the final survey of the scene and document it. From there the evidence is processed, lab tests are performed, and all the information is submitted to the district attorney’s office so that charges can be filed. Following the process carefully and correctly is very important to the investigation; any missed steps can result in overlooked evidence and can bring the investigation to a standstill. The investigation process is vital to an investigation’s success and to the conviction of the criminals involved. The first step in the criminal investigation process is to determine the team composition. This step requires the lead investigator to assess the scene quickly and determine what resources and how many personnel will be necessary to process the scene efficiently. The...

Words: 1575 - Pages: 7

Free Essay

Narco-Analysis as a Tool for Criminal Investigation

...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to......

Words: 15602 - Pages: 63

Premium Essay

Criminal Investigation

...Discuss three of the Questions for Discussion and Review on page 18 A criminal investigation is an official effort to uncover information about a crime. The goals of a criminal investigation are to determine if a crime has been committed, to legally obtain information and evidence to identify the person(s) responsible for committing the crime, and to legally arrest the suspect(s). The ultimate goal is a reduction in crime through punishing offenders by incarceration. I do not believe that incarcerating criminal offenders reduces crime from occurring. Criminal evidence is an exhibit or testimony regarding a crime. As I read about evidence, I learned that it can take many forms, and is typically used to establish that a crime has been committed and identify blame or fault in a crime case. I find it interested that police and other officials may use a variety of methods to conduct criminal investigations including working with their canines. They also may use various scientific techniques such as fingerprint and ballistics analysis. Criminal evidence and criminal investigation are conjoined with one another simply because in order to compile evidence a crime must be investigated. It is interested to mention that while the simple presence of police in an area may not prevent crime, aggressive patrol may make a difference. Proactive policing operations focus on the concentration of crime in certain offenders, places and victims. It includes going undercover, stopping......

Words: 430 - Pages: 2

Premium Essay

Dna Testing

...DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing.[1] It is used in, for example, parental testing and criminal investigation. Although 99.9% of human DNA sequences are the same in every person, enough of the DNA is different to distinguish one individual from another, unless they are monozygotic twins.[2] DNA profiling uses repetitive ("repeat") sequences that are highly variable,[2] called variable number tandem repeats (VNTR), particularly short tandem repeats (STR)s. VNTRs loci are very similar between closely related humans, but so variable that unrelated individuals are extremely unlikely to have the same VNTRs. The DNA profiling technique was first reported in 1984[3] by Sir Alec Jeffreys at the University of Leicester in England,[4] and is now the basis of several national DNA databases. Dr. Jeffreys's genetic fingerprinting was made commercially available in 1987, when a chemical company, Imperial Chemical Industries (ICI), started a blood-testing centre in England.[5] Contents [hide] 1 DNA profiling process 1.1 RFLP analysis 1.2 PCR analysis 1.3 STR analysis 1.4 AmpFLP ...

Words: 8205 - Pages: 33

Premium Essay

Criminal Procedure Policy

...Criminal Procedure Policy CJA/364 June 12th, 2011 Page 1 Due Process and Crime Control models reflect different sides of the law, and different sides of beliefs. Due Process is designed more for the defendants to ensure their constitutional rights which are afforded by the Constitution of the United States of America. Crime Control model is more asserted towards the victims of the crimes versus the offender. This model is designed to make sure the offenders are punished, and the victims are afforded vindication. As we travel through this paper it will show the vast differences between the two sides of the justice system. The due process model was incorporated into the U.S. Constitution because the founding fathers did not think a person should be deprived of Life, Liberty, without due process of the law. This has come into the forefront of justice through all avenues such as through police investigations, evidence gathering, and even in the courtrooms across America. People often wonder what due process mean s. According to Duhaime the legal definition of due process is “Fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen.”(Duhaime, 2009) This process is made up of several rights, but one of the basic ones is the right to be heard, and the right to an impartial judge. The due process model is......

Words: 1155 - Pages: 5

Premium Essay

Criminal Investigation Final Exam

...Criminal Investigation: Final Essay Criminal Investigation 2530 12/3/15 Question 1 The first stage of the criminal investigation process is crime detection. First responding officers must take notes, watch persons leaving/entering crime scene area, scan, assess and reassess for officer’s safety. Officers need to address medical care issue to the people that need it. They must control, identify, and secure initial interviews. They must establish crime scene boundaries. Officers must identify and preserve crime scene evidence like the groceries, handwritten note, phone, bloody shoe print, shoe print in the dirt, fingerprints on the woman, gun bullet, and fingerprints on the purse like in the sample crime scene. Officers would most likely be doing different things at different crimes scenes. They must notify and brief investigators on what happened; and they must review and prepare final documentation. The second stage of the criminal investigation process is the preliminary investigation. Investigators need to: establish a division of labor, obtain information from first responders, interview key individuals like witnesses, conduct a reassessment of the crime scene, canvass the crime scene area, examine the crime scene and process the crime scene. Investigators must also photograph the crime scene, sketch the crime scene, measure the crime scene, search the crime scene, and do a final walk through and release the crime scene for evidence pertaining to the crime......

Words: 1895 - Pages: 8

Premium Essay

Criminal Investigation

...Alexander, Armond Criminal Investigations 12 November 2011 American Intercontinental University There are many laws that are put in place to help criminal investigators. The laws are put in place to give the criminal investigators a better chance on solving the crime, be effective and deterrence of future crimes. Aberjhani said, “Many may very well continue to ask why more value is placed on technicalities of a law than on a man’s flesh and blood life, especially when there is any amount of “doubt” at all regarding his guilt or innocence.” The value is put on technicalities to unsure that the truth is said and justice is indeed done. There never needs to be a mistake when it comes to justice and the law. Laws are made to help criminal investigators solve the crime and ensure the guilty is caught and punished. The development of new laws causes the criminal investigators responsibilities to change quite often. The new laws can affect the criminal investigators because if they don’t process the case correctly the person that is guilty may walk away free and without being punished to the full strength of the law. A good example is the law stating that a person has to give there confession on video camera in the state of Connecticut. The confession must be recorded on more serious crimes. This means that by law that if the confession is not recorded electronically or digitally that the case may not stick on the person. A guilty individual may squeeze......

Words: 782 - Pages: 4

Free Essay

Wrongfully Convictions

...Wrongfully Convictions Introduction: Each year, many people that are innocent are dished out short or long term prison term for crimes that they did not commit. These innocent people have been “wrongfully convicted”. Sometimes these wrongfully convicted charges are unbeknownst to the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us......

Words: 2715 - Pages: 11

Premium Essay

Criminal Investigation

...Phase 1: Individual Project 1 CJFI360-1601A-01: Introduction to Criminalistics Professor: Frank Smith Colorado Technical University Online Obaid Rahman January 11, 2016 As the lead investigator for your investigations unit you have been selected by your supervisor to develop  an updated list of qualifications for new prospective investigators who apply  to transfer into the unit. In particular your supervisor wants your feedback on several areas they feel will be key to the selection process. Keep in mind that your paper should be 4 to 5 pages in length, not counting the cover sheet, abstract, and reference section, and the paper should meet all APA6 standards and requirements. Assignment Guidelines Address the following in 750–1,000 words: What are some of the characteristics the unit should look for in a potential investigator? Explain. In particular, explain why honesty and integrity are critical qualities for investigators to possess. What would be the educational level you would recommend for the beginner investigator to possess before being accepted into the unit? Why? How would prior experience in the field play a role (if any) in your decision on your educational requirements? Explain. What role will previous work history and supervisory recommendations play in the decision making process? Why? Be sure to reference all sources using APA style. References Federal Law Enforcement Officers, 2004, Brian A. Reaves, Ph.D.(August 2008), Retrieve......

Words: 258 - Pages: 2

Premium Essay

Criminal Procedure Policy

...There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits. Similarities The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2009, p. 4). The mechanics of the criminal justice system utilizes components from each model that are dependent on one’s own likings in regards to the criminal law procedure (Packer, 1968). Although these two models differ in principle, the commonality between them is the same. For example, both models consider the sanction of criminal behavior and recognizing a criminal are dissimilar procedures, when and if probable cause is found the criminal process may be put into effect and the judiciary system has an restricted authority of inquiry and arrest. They also form the basis for the function of the adversarial system, due process, and the defendant’s right to their day in courts (Zalman,......

Words: 1105 - Pages: 5