DNA AND WRONGFUL CONVICTIONS

DNA and wrongful convictions

Abstract

The purpose of this research proposal will be to understand the effect of DNA and wrongful conviction. The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous previous term convictions, next term can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 2004. Majority of death penalty previous termconvictionsnext term were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-previous termconvictionnext term evidence, including previous termDNAnext term evidence.

DNA and wrongful convictions

IntroductionProblem StatementDeoxyribonucleic acid (DNA) testing has exonerated the innocent and convicted the guilty and it also provides a mechanism for the solving of numerous cold cases through the use of DNA databanks. However, DNA is a frequent flash point in the legal and forensic science communities because of the power that it wields; with each group seemingly desiring to be sole master and commander of this technological wonder (Hood 2002).HypothesisIn its position statement on DNA technology, adopted in 2003, the National District Attorneys Association (NDAA) states, "America's prosecutors consistently have embraced DNA technology as a scientific c breakthrough in the search for truth. Starting in the mid-1980s, with the introduction of DNA evidence in America's courtrooms, local prosecutors have fought for its admission in criminal trials.Background & Literature ReviewProsecutors also have advocated vigorously for the expanded use of DNA technology as a highly effective method of solving crimes and identifying the criminals before they can commit further offenses (Tabbada 2002). "The NDAA position statement adds," Forensic DNA typing has had a broad, positive impact on the criminal justice system. In recent years, convictions have been obtained that previously would have been impossible (Halos 2009. Countless suspects have been eliminated prior to the filing of charges. Old, unsolved criminal cases, as well as new cases, have been solved (Ungria 2005). Mistakenly accused defendants have been freed both before trial and after incarceration. And increasingly, the unidentified remains of crime victims are being identified. "In a statement on its Web site the Innocence Project asserts, however," The American criminal justice system fails sometimes (People v Mateo 2004). One price of these failures is the loss of life and livelihood for those unfortunate enough to be wrongfully convicted (Diokno 2003). The cases of those exonerated by DNA testing have revealed disturbing fissures and trends in our criminal justice system. Some claim that the eventual exoneration of innocents proves that the system works. If that were true, then justice is not being administered by our police, prosecutors, defense ...