Dna Evidence

DNA analysis has played a major role in the criminal justice system over the past few decades. As a matter of fact it has revolutionized the way in which law enforcement officials look at evidence collection and processing. DNA analysis has evolved from being considered a 'mad scientist' approach to evidence processing to what would now be considered a gold standard within its respective community. DNA analysis is multifaceted in its use in that it can-not only be used for successful prosecution but can be used as a means of exoneration as well.

A recent LA Times article titled, "DNA Evidence Exonerates 300th Prisoner Nationwide," outlines DNA analysis' role in overturning previous criminal convictions. In 1997 Damon Thibodeaux was convicted of the rape and murder of his 14 year old step-cousin, Crystal Champagne, in Westwego; several miles southwest of New Orleans.

Champagne had been last seen by her family when she left to go to a nearby grocery store. When she failed to return home, her family notified the authorities and an investigation ensued. Her body was later found under a bridge with her pants pulled down and a wire ligature wrapped around her neck.

Detectives began questioning potential witnesses which included Thibodeaux. After a lengthy interrogation, nine hours, Thibodeaux confessed to the rape and murder of Crystal Champagne. This confession served as the proverbial nail in the coffin as it related to Thibodeaux's conviction in October of 1997.

Thibodeaux unsuccessfully tried to appeal his conviction in 1999. He alleged that his confession was coerced by investigators after a lengthy and unrecorded interrogation. In 2007, Thibodeaux's legal team, with the assistance of representatives from the Innocence Project, convinced the Jefferson Parish District Attorney's office to reinvestigate the case. Subsequent DNA testing revealed that Thibodeaux was not the killer and that Crystal Champagne had not, in fact, been raped.

After he walked out of prison, Thibodeaux said, he took the first step toward that new life, inhaling a deep breath of 'free air.'

"It's probably the best breath I've ever had," he said. (Hennessy-Fiske/ 2012)

Each and every human being has a specific genetic code unique to that individual. Our genetic code or genes are made up of deoxyribonucleic acid or DNA. DNA evidence can be found in many different sources. DNA can be extracted from human hair, blood, sweat, saliva and skin cells just to name a few of its sources.

Over the course of the last few decades there have been vast technological advances in the way in which modern day law enforcement investigates crime. One of the most major advancements is the processing of evidence for traces of DNA. Once looked at with a skeptical eye, DNA analysis and evidence is almost looked at as a gold standard in modern day criminal prosecution. This paradigm shift can be attributed to recent high profile criminal cases that hinged on DNA evidence as well as past criminal convictions which have been overturned as result of modern day DNA analysis.

DNA has widely become one of the most powerful tools utilized in law enforcement today. DNA evidence is universally accepted and admitted by courts within the United States due to its reliability. It has been determined that absent an error on behalf of the individual handling the specific DNA sample the possibility of false positive test results are miniscule. Although many people in society believe that DNA analysis provides a match between two samples it actually provides a statistical comparison between the samples.

The Innocence Project is a non-profit legal organization that is committed to exonerating wrongly convicted people through the use of DNA testing, and to reforming the criminal justice system to prevent future injustice. The Innocence Project primarily exonerates people for whom DNA evidence is available to be tested or retested. DNA testing is possible in five to ten percent of criminal cases. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld. Since its inception in 1992, the Innocence Project has freed 292 wrongfully convicted people, including 17 who spent time on death row.

There are obviously hundreds of other stories just like that of Damon Thibodeaux's in which previously convicted persons have since been exonerated of their conviction due to modern day DNA analysis. There are those; however, who have found potential flaws in DNA analysis.

In a New Your Times article titled, "DNA Evidence can be Fabricated, Scientists Show" Israeli scientists attempted to poke some holes in what is considered the gold standard in modern day forensics. These scientists demonstrated that it was possible to fabricate DNA samples. Dan Frumkin, lead author of the paper stated, "You can just engineer a crime scene." He has been published online by the Journal Forensic Science International: Genetics. He continued to state,

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