legal medicine midterm powerpoint
TRANSCRIPT
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GROUPE # 1: Arcide, Bollos, Bollen
THE IMPACT OF DNA AND OTHER TECHNOLOGY ON THECRIMINAL JUSTICE SYSTEM: IMPROVEMENTS ANDCOMPLICATIONS
Source: Julie A. Singer, Monica K. Miller, and Meera Adya
I. Introduction
As humans, we seem to have an innate desire to explain the world
around us and invent things to change our world. This curiosity has
encouraged inventions and technological advances that affect every
aspect of our lives. Technological advances such as DNA technologyhave shaped the criminal and civil justice systems .
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II. The Impact of New Technology on Society
Technological advances have had a deep impact on our society.
Personal computers became available for home use, and nowmost households in the United States have at least one
computer. Partially fueling this explosion of computer use was
the creation of the microprocessor. The processors for
computers used to fill entire rooms, but with the invention of the
microprocessor, these chips are now small enough to fit inside acell phone.
Today we have global banking, in which complex transactions
can be completed electronically. "Financial transactions that
used to take hours to complete" now can be conducted in
minutes. Information is also available to us more quickly than
ever before with the prevalence of wi-fi networks for laptop
computers, cellular phones, and PDAs that allow us to stay in
constant communication and look up information no matter
where we are. Certainly these advances in technology have
changed the way we live.
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A. Computer Technology in the Legal System
The legal system has also benefited from advances in computer
technology.Computer simulation models- They help to determine the cause of
automobile, train, and airplane accidents. Cognitive science
researchers have also helped investigators reconstruct accidents by
conducting studies that show limitations associated with vision while
driving. Cognitive abilities are affected by age and cell phone use.
Research has also demonstrated the importance of properly
determining right-of-way, vehicle location, and alcohol use when
developing accident appraisals.
These computer advancements have clearly affected the legal
system by clarifying the extent of culpability of various parties in
liability cases. With these computer simulations in hand, it becomes
much easier for attorneys to argue negligence of drivers, pilots,
manufacturers, and other parties in determining the causation of
accidents.
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Online Dispute Resolution (ODR) as an alternative to face-to-face
mediation of legal disputes. The Virtual Magistrate, "provides an online
mediation service to regulate online disputes in diverse subject areas
including intellectual property infringements ... defamation, fraud anddeceptive trade practices."
Online Ombudsman, offers a chance to settle disputes involving
"members of news groups, list servers, cyberspace competitors, Internet
service providers, domain name disputes, spamming allegations and
copyright disputes."
These online services provide a quick, economical resolution to legal
disputes that was not possible before the computer age.
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B. Medical Breakthroughs and the Legal System
Medical breakthroughs have affected our lives by allowing doctors to treat disease
earlier and more effectively. Cutting-edge cancer research is employing
bionanotechnology and using "engineered DNA and protein to build tinyprogrammable machines (smaller than one thousandth the width of a human hair)
that can find cancer cells and either mark them in a diagnostic procedure or ...
selectively destroy them."
Advances in medical and genetic testing and research have also been used in a
variety of ways, including:
A. Demonstrating the cause of an injury, establishing paternity, and predicting a
potential employee's predisposition to illness.
B. In the early 1980s, an increase in cocaine use concerned medical and legal
professionals. Scientists used medical research and testing to show how
prenatal drug exposure could result in harm to fetuses.
C. Family courts have also utilized DNA technology to determine paternity of
children for custody and child support purposes.
Relying on this medical technology, prosecutors have successfully prosecuted
women for causing harm to their fetuses by using drugs during pregnancy.
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Employment law - employment discrimination based on the results of
genetic tests.
Executive Order 13,145 (which applies only to federal employees) prohibitsdiscrimination on the basis of genetic information.
The Americans with Disabilities Act (ADA) - prohibits discrimination against
people with disabilities, but the ADA does not explicitly cover presymptomatic
individuals so it is unclear how much protection the ADA may offer for these
individuals. A positive test for a disorder is not necessarily dispositive, this maylead to employers selecting out individuals who in fact have no disability.
The U.S. Supreme Court have interpreted the ADA in a way that is likely to
substantially limit plaintiffs' ability to bring actions. However, the Equal
Employment Opportunity Commission (EEOC) has interpreted the ADA to apply
to genetic discrimination, so the potential for courts to adopt this interpretation
exists.
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Genetic test results for employees is through direct testing of biological materials
voluntarily turned over by employees (e.g., blood or urine). Employees will submit
to testing when company policy or law requires it, as in the case of drug testing
conducted on employees. One example of permissible genetic testing of
employees involves chemical sensitivities; tests are allowed to ensure that likelychemical exposure on the job will not harm employees.
Impermissible testing can also occur. In Norman-Bloodsaw v. Lawrence Berkeley
Laboratory, employees of Lawrence Berkeley Laboratory sued their employer
because the employees found out that blood and urine samples voluntarily
submitted during standard pre-and post-employment health exams had been
tested for sickle cell anemia and other conditions. The Ninth Circuit, ruling against
Lawrence Berkeley Laboratory, found that submission to routine medical exams
does not per se amount to submission for genetic and pregnancy testing. There
is a possible violation of right and discrimination in this case.
New technologies have the ability to revolutionize the courts. They will allow
online legal disputes to be handled quickly and efficiently. They also allow
accident reconstructionists to understand the reasons why accidents occur and
who may have been at fault in specific incidents. Finally, they have revolutionized
employment law. All of these advances have had a tremendous impact on the
way the civil justice system operates.
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III. Positive Effects of New Technology on the Criminal Justice
System
A. DNA Technology in Criminal Cases: Identification of Innocent
Persons
The impact of DNA testing on the legal system cannot be overstated; it
is one of the more transformative developments that have taken place in
recent legal history. DNA tests affect legal outcomes by providing
certainty about identity in a way that has not been possible before. Muchcivil and criminal legal adjudication requires identification of a person.
In civil cases it can be used to establish paternity. In criminal contexts it
can be used to establish the likely guilt or innocence of a suspect when
biological evidence is present. This is the most notable and positive
impact of DNA technology.
DNA tests allow more sophisticated testing to determine the probability
that DNA at crime scenes matches the DNA of the suspect. Similarly,
technological advances now allow investigators to successfully lift DNA
profiles from items such as cigarette butts, candy wrappers, and saliva.
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Two powerful forms of Non Physical Evidence:
1. Non-physical evidence include a defendant's own admission
2. Eyewitness placing the accused at the scene of the crime.
Unfortunately, both of these forms of evidence have been demonstrated
to be more fallible than many believe.
Psychological research on eyewitness memory has shown that false
identification rates can be quite high and that jurors are fairly insensitive
to factors that affect eyewitness testimony.
Confessions has shown confessions are a powerful form of evidence.
However, these confessions have been shown to be falsely obtained
under many circumstances, and jurors have been shown to be poor at
detecting false confessions.
Lab-based research suggests is that eyewitnesses make errors, people falsely
confess to crimes, and, most importantly, we may not always be able to look
at circumstances after the fact and judge who are accurate eyewitnesses or
who are coerced confessors.
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Real-world data demonstrates the problem with the help of DNA testing. Many
confessions and eyewitness identifications have been demonstrated to be
erroneous. This problem is not trivial; while prison sentences themselves are an
abomination for an innocent person, there are those who have been sentenced to
death on the basis of incorrect identifications secured by unreliable confessions oreyewitness identifications.
Because of the fear that innocent people may be executed, DNA evidence has
exonerated offenders found guilty by our justice system on the basis of other
evidence.
Because of concerns over faulty evidence convicting the wrong man, in early
January 2006, Virginia Governor Mark Warner ordered new DNA tests in the case
of Roger Keith Coleman, who had already been executed in 1992 for rape and
murder. However, these DNA tests confirmed that Coleman was rightfully
convicted for his crimes. This news came as a blow to Coleman's supporters, who
believed in his innocence, and to death penalty opponents who were certain thatthis case would involve "the first scientific proof that an innocent man had been
executed in the USA."
This case illustrates that not only can DNA free the innocent, it also can reaffirm
the accuracy and validity of the legal system in catching those who are guilty.
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B. DNA Technology in Criminal Cases: Apprehension of Repeat and
Escalating Offenders
CODIS (Combined DNA Index System or CODIS) - Law enforcementagencies in Florida and New York have been retrieving biological
evidence from minor crimes, such as property crimes, and using them to
catch criminals before they move on to the commission of more major
offenses such as homicide and rape. For example, the New York City
Police Department's data for the first 1,000 successfully matched DNA
samples that were checked against samples comprising the FBI database
demonstrated that the majority of them were linked to major crimes (e.g.,
murder and sex offenses).
Most importantly, however, is that 82% of those matched samples or
offenders were already in CODIS because they had been convicted of amore minor crime (e.g., burglary or drugs). By testing biological evidence
from minor crimes, perpetrator's samples become a part of the CODIS
databank; profiles of repeat offenders can then begin to be developed and
crime pattern analysis may lead to the repeat offenders being caught
before they become escalating offenders.
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C. Computer Technology and the Legal System
Other technologies also have benefited the criminal justice system.
Computer technology has allowed businesses to outsmart criminals:
1. New business intelligence software that profiles financial customers'
spending habits; if strange purchases are happening at odd times or
places, their bank will be alerted.
The "system also compares what it believes are genuine transactions with
profiles of criminal spending habits that the bank has modelled from
hundreds of fraud cases" to determine which transactions are related to
illegal activities.
2. Fraud Network- a database that has also been developed by fifty of the
world's largest banks to "track and share data on online fraud behavior.
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3. VIPER - Video Identification Parade Electronic Recording - Anew
system, implemented in Scotland, allows eyewitnesses make it
emotionally easier for eyewitnesses to pick out criminals in line-ups and
to make their identifications anywhere, such as from their home or
hospital bed.
The suspect is photographed by the computer beforehand, and after
their physical and ethnic details have been entered into the system, the
computer comes up with twelve similar faces, which are then narrowed
down to eight with the help of the defense attorney on the case. Theseimages are then burned onto a DVD, which can be viewed anywhere.
n79 Supporters say it allows eyewitnesses to feel safe as they make
their identification and it takes away the necessity for the police to try to
find individuals physically similar to the suspect.
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D. Advances in Fingerprinting
Some law enforcement agencies have abando ned the pract ice of taking
ink f ingerpr in ts of those arrested and have purchased technologies.
Instead allow them to take digi ta l f ingerpr ints, which can then beinstantly transmitted to databases to search for a match.
1. Capacitive scanning - "uses a sophisticated silicon chip to read and
analyse electromagnetic signals generated below the skin's surface."
2. Thermal scanning of fingerprints - differences in temperature between
the ridges and valleys of the fingerprint allow the image of the print to be
produced more accurately.
3. Palm prints - 50% of all prints lifted from crime scenes are palm prints.FBI is now considering establishing a national registry specifically for palm
prints.
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E. GPS Tracking Devices
Global Positioning System (GPS) tracking devices.
Case No 1 : The Scott Peterson trial: "Modesto police attached GPS
devices to a number of Peterson's vehicles" so that they could track his
movements following his wife's disappearance.
The judge in the Peterson trial, Judge Delucci, allowed this GPS
evidence into trial, the first time it had been ruled admissible in aCalifornia courtroom.
Case No 2: GPS evidence has been used in other cases, however; one
notable case was in the disappearance of a nine-year-old girl in
Spokane, Washington in 1999. "Authorities suspected her father ... had
something to do with her disappearance, so they attached a GPS
tracking device to his car." This device revealed that he had visited a
remote site outside of Spokane "where the girl's body was later found";
the father was convicted for the murder of his daughter.
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GPS tracking devices can also be used to track the
movements of child sex offenders.
Passive systems - which may only record the location of sex
offenders once a day.
Active systems should be implemented, which would allow"minute-by-minute updates on their whereabouts."
Lifetime monitoring -A new bill is being debated in Wisconsin
that would allow lifetime monitoring of those on "supervisedrelease for first-degree sexual assault of children." Law
enforcement agencies would be alerted when the sex
offender went to "off-limits areas," such as schools.
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Gang members. Mayor Thomas M. Menino of Boston is
suggesting that suspected gang members wear GPS-
monitored electronic bracelets while released on bail for guncrimes.
The gang members would be prohibited from visiting
"exclusion zones" such as drug locations and rival gang
members' turf.
"An alarm will signal probation officers" if the suspect does
enter one of these zones, and an alert will be sent to
police.Further, the suspect's bracelet will beep and vibrate,and probation officers will call the offender immediately on a
cell phone provided by the probation office to inform him ofthe violation.
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F. Detecting Deception
1. Polygraphs or lie detectors- criticised to be ineffective.
2. Event-Related Potentials or ERPs - measure electrical
activity in the brain; eye trackers, which measure the length
of time eyes rest on familiar versus unfamiliar objects;
infrared scanners which look for "subtle changes in capillaryblood flow to the face";
3. Functional Magnetic Resonance Imaging (fMRI) - looks
for brain regions activated by lying.It is clear that technological advancements in many fields
have greatly improved the capabilities of both law
enforcement and the courts to do their jobs.
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IV. Negative and Unintended Effects of New Technology
A. Jurors' Understanding of Technical Evidence
Technological breakthroughs, such as DNA analysis, have the potential
to allow law enforcement to more accurately find perpetrators of crime.
However, any evidence uncovered by these new technologies must be
explained at trial to the jurors in the case; these jurors have the task of
distinguishing good science from bad science and of determining thereliability of the evidence collected. The question then becomes, how do
jurors complete this task? And how well do they do it?
Jurors did not feel that complicated technical evidence was adequately
explained to them. Most jurors try to pay close attention to the evidencebeing presented, but if they are unable to understand it, they will use
cues such as the experience and credentials of the expert witness to
determine the validity of their testimony.
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Another study found that when trying to distinguish between good
and bad science, jurors were able to recognize "general
acceptance" and "ecological validity" as two important
methodological factors to be considered when evaluating scientificevidence.
However, the authors note that these two factors are not foolproof and
that jurors may not realize there is more to consider, such as "internal
validity" and "construct validity", when determining the quality of
science.
Jurors are likely to commit serious mathematical errors when
dealing with probabilistic evidence, such as DNA match statistics.
They often seriously underestimate the weight of probabilistic
evidence and incorrectly combine very small probability errors,inflating them, even when given simple instructions on how to
combine them. Such errors could have serious implications for how
the jurors evaluate this DNA evidence in light of other evidence and
could affect their ultimate verdict.
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B. Crime Lab Errors
Another negative consequence is in how such technologies can
be misused and exploited by the people who use them.The Houston police DNA lab underwent a grand jury investigation
in 2003, following accusations of sloppy, incompetent work. The
DNA lab was shut down and independent labs are currently
retesting DNA evidence from 370 cases; so far 21 cases have
called the original lab's results into question.
Joyce Gilchrist, for example, worked as a forensic chemist for the
Oklahoma City Police for 21 years before her misidentifications
were discovered. So far, three men she helped convict have been
exonerated.In a similar example of crime laboratory flaws, Fred Zain, a
chemist at the West Virginia state crime lab for 12 years, was
indicted for false testimony after it was discovered he submitted
false laboratory reports to the court. His false reports helped
convict at least six men in two states.
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Lab technicians, falsifying data -Though mistakes may be made in both local
and state level crime labs, many still believed that the most prestigious crime lab
in the country, run by the FBI, would be somehow immune from these human
errors.
This has not been the case, however, and widespread issues began to beuncovered in the late 1990s. In 1997, a whistleblower at the FBI crime lab
alerted officials to the fact that several lab technicians were falsifying data, not
keeping accurate records, and failing to disclose some pieces of evidence.
These mistakes affected high profile cases such as the 1993 World Trade
Center bombing and the Oklahoma City bombing.
These issues affected a total of 50 cases. The four lab technicians implicated
were later disciplined and transferred to other divisions or resigned from the FBI.
Database Error - In early 2004, the FBI aroused new controversy when a
suspected serial killer was released following a botched fingerprint check.
Georgia police arrested Jeremy Bryan Jones on a trespassing charge and his
prints were sent to the FBI. The FBI fingerprint database did not correctly match
these prints to those of his already in the system, and he was released. He
allegedly killed two more women following his release. The FBI blamed a
database error for the mistake.
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FBI examiners at fault - The case of a lawyer from Portland, Oregon
named Brandon Mayfield. His fingerprints were erroneously matched to
those left on a bag of detonators that was connected to the bombings in
Madrid.This time, FBI examiners, and not the fingerprint database, were blamed
for the wrong match. Mayfield claims the U.S. government singled him
out because of his recent conversion to Islam.
He brought a lawsuit against the Department of Justice, the AttorneyGeneral, the FBI, and the four FBI employees who wrongly made the
match.
Conclusive Scientific Evidence - The prevalence of these errors in the
system may soon be cause for even more concern. Former Governor Mitt
Romney of Massachusetts announced last year that he wished to
implement a new system within the state.
In capital cases, death penalty verdicts would require "conclusive
scientific evidence" of guilt before a defendant could be convicted.
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This plan would not require absolute scientific proof but would require a
jury to find evidence "reaching a high level of scientific certainty."
Critics argue that this idea is problematic because forensic techniqueswidely accepted in the past are no longer admissible in court.
Fingerprinting, for example, long thought to be the gold standard, has
come under fire.
Distortions - Even a relatively recent advancement in fingerprinting, theuse of digital fingerprints, has had reported problems associated with oily
residue being picked up on subsequent scans, which can cause
distortions. Should the same trend continue, techniques widely accepted
as foolproof now may be revealed to be faulty in the future.
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Other Issues:
1. Sloppy lab work
2. Overworked and understaffed labs
3. Intentional manipulation of evidence.
DNA evidence is only helpful in some crimes, as a DNA match only proves that a
defendant was present at the scene, and not that he committed the crime.
FALACY - While DNA and other technology is generally accurate, human error
can make it detrimental. Thus, it has the same inherent problem as eyewitness
evidence and false confessions. There is an erroneous belief that scientific
evidence is more reliable than other types of evidence, when many times this is
not the case. Such a false belief could be leading the criminal justice system
down a dangerous path.
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C. The CSI Effect
CSI: Crime Scene Investigation. These types of shows have become increasingly
popular with the American public; a recent look at the Nielsen ratings showed that
nine forensic crime television dramas were in the top twenty prime-time shows.
Unrealistic Expectations - Some critics have raised concerns that watching these
shows has a detrimental effect on potential jurors, leading to what has been called
the "CSI effect."On these television shows, forensic science is "fast and infallible
and always gets its man;" this leads jurors to have unrealistic expectations of
what real life crime labs, police, and prosecuting attorneys are capable of doing.
Unavailable or irrelevant - Prosecutors complain that these shows make it more
difficult for them to secure convictions because jurors do not understand that
scientific evidence is not available or even relevant in many cases.
Inapplicable - These shows depict advanced laboratory equipment that many real
life crime labs cannot afford, and process DNA evidence and other forensic
evidence in minutes, whereas in real life such tests may take weeks or
months to process.
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Inexistent - It has been estimated that 40% of the forensic science
depicted on "CSI: Crime Scene Investigation" does not even exist.
Absurdity - Prosecutors also worry that the CSI effect raises the burden ofproof in cases to a level of "absurdity;" arguing that jurors now want and
expect "100 percent proof" before they will convict.
Negative evidence witnesses- explains to jurors why real life crime scene
investigators often do not find any forensic evidence at crime scenes.Social framework testimony is based on findings from general research,
rather than research that is connected to the parties in the trial. This type
of expert testimony does not deal with the case at hand; instead, it
provides jurors with general information about psychological factors
involved in the case, of which they may be unaware. Such testimony is
included to discourage the use of faulty beliefs or stereotypes related to
these psychological factors, with the hope that these factors will not
inappropriately affect their decisions. Such an expert could be brought in to
discuss the limitations of scientific evidence generally, to counter any CSI
effect that may be occurring in the jury.
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CSI Viewing Habits- Because of concern over the CSI effect, many prosecutors
believe that potential jurors should be asked about their television viewing habits
during voir dire, and those who report watching "CSI: Crime Scene
Investigation" and similar shows should be challenged for cause. In one case,
where crucial evidence supporting the prosecution's case was never found, thedefense attorney sought out frequent "CSI: Crime Scene Investigation"
watchers, who would be able to spot such a gap in the evidence; his client was
acquitted.
Forensic evidence as Infallible - CSI effect exists at all, it has the opposite
effect from what many fear. Instead of making juries critical of prosecutors'cases, the researchers instead found that those who watched "CSI: Crime
Scene Investigation" frequently were more likely to see forensic evidence as
infallible, favoring the prosecution and guilty verdicts.
A second preliminary survey that was recently conducted found that many
people believe forensic science is infallible and that DNA is the best evidence,
as compared to other kinds of forensic evidence. Further, television viewing of
crime dramas predicted judgments of the reliability of DNA evidence,
handwriting analysis, and compositional evidence but not confession evidence,
matching evidence (e.g., fiber, hair) or toxicological analysis.
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Potential Negative "CSI effect" relates to its effect on criminals. Concerns
have been raised that criminal investigation shows educate criminals on
how avoid getting caught for their crimes.
There is an account of one criminal in Ohio, Jermaine "Maniac"McKinney, who allegedly used bleach to wash blood from his hands,
covered his getaway car with blankets to avoid the transfer of blood,
burned the bodies and his clothing, and "removed his cigarette butts -
which would contain his DNA - from the crime scene" after a double
murder.
Copycat Behavior - Perhaps those who watch these crime dramas may
be more likely to learn techniques and engage in copycat behavior;
however, this is purely speculative, as no empir ical research on
copycat cr imes due to cr ime invest igat ion shows has been
conducted.
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Disclaimer - Due to concerns by prosecuting attorneys, some prosecutors have
recommended that crime shows should have a disclaimer at the beginning of
each episode, warning that these shows are fantasy and not reality.
Mistakes should also be shown - A second recommendation is that one of the
crime shows should have an episode in which mistakes in the crime lab are
made, or in which jurors are making unreasonable demands regarding forensic
evidence. The purpose of such an episode is to demonstrate to potential jurors
that such issues occur in actual criminal investigations and trials.
Curative Instruction By Judges - Another recommendation is to have the judge
provide jurors with curative instructions before deliberations, reminding them that
they should not use outside standards such as those used in these forensic
crime investigation shows.
However, research on curative instructions suggests that this reminder probablywill not have its desired effect. Many psychological studies suggest that jurors
are often unable to comply with a judge's curative instructions, and that such an
order may lead to a "backfire effect" in which jurors are more likely to rely on
the very thing the judge advised them to ignore.
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V. Legal Dilemmas
A. New Technology and Exonerations
More sophisticated DNA profiling and other forensic techniques are
being developed all the time, and these technologies allow the
courts to more accurately pursue charges in criminal trials. These
new technologies also affect those already placed behind bars
based upon faulty forensics or on the basis of eyewitness testimony
alone.
Innocence Project - Their main goal is to use DNA evidence to
exonerate innocent people; thus far they have succeeded in freeing
hundreds who have been wrongly convicted.
QUESTION:
How should the courts handle appeals filed on the basis of these
new technologies, which may show these men and women are in
fact innocent
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House v. Bell, was recently decided by the U.S. Supreme Court. Paul House was
sentenced to death for the 1985 murder of his neighbor. One piece of evidence in
the case was semen found on the nightgown of the victim; testing at the time
showed that this semen came from a secretor of the same general type as the
defendant. However, DNA tests which were not available in 1986, the time of thetrial, recently showed that this semen came from the victim's husband, and not the
defendant. Though other circumstantial evidence still linked him to the case,
including fiber evidence, a number of witnesses gave conflicting testimony
regarding the alibis of both House and the victim's husband.
However, House wished to file a new appeal in his case, given this new evidence,
though he previously exhausted his appeals.
The issue at hand in this case was whether this DNA test which served as
"powerful new evidence" was enough to grant him a new hearing and reopen the
case.
Held: In early June 2006, the Supreme Court granted him a new appeal,suggesting that if this DNA evidence was presented to the jury in the original trial
in combination with the conflicting witness testimony, they may have acquitted
him. However, the Supreme Court did not exonerate House of his crime,
arguing that though the new evidence did meet the standards to grant a new
trial, it was not enough to release him.
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Schlup v. Delo set the standard for granting a new trial based
upon the discovery of new evidence. The Supreme Court
ruled in Schlup that a convicted murderer could receive anew trial if he was able to show that, if this evidence had
come to light during the original trial,"it is more likely than
not that no reasonable juror would have found [him] guilty
beyond a reasonable doubt."
A federal appeals court ruled that House did not meet the
standard established in Schlup; however, the Supreme
Court, which overruled the lower court's decision, decided
that House could file another appeal. This case isimportant because it is the first time that the Supreme Court
has "agreed to examine a case involving post-conviction
appeals based on DNA testing."
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NEW PROBLEMS:
1. If Appeals are not granted - Appeals based upon DNA and other new
technological evidence presents the court with a complicated problem. If
the courts decide that no appeals may be filed based upon newtechnologies, then states risk executing innocent people who were
previously convicted on faulty evidence.
2. If Appeals are granted - If the Court allows these appeals, states then riska:
A. More extended trials and appeals processes, which may continue for years,
B. Huge costs to the legal system.
C. More Appeals - As new technologies continue to be developed, those already
convicted may then have the right to ask for more and more appeals;
This is but one of the complicated questions the legal system must soon
answer:
Where might such a cycle end?
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B. The Admissibility of Scientific and Technical Evidence
Judges - Deciding which scientific and technical evidence is admissible in trials has
become the responsibility of trial judges.
Frye v. United States in 1923 - The standard states that scientific evidence can be
admitted at trial but the method used "must be sufficiently established to have
gained general acceptance in the particular field in which it belongs." "In 1976, the
Federal Rules of Evidence [hereinafter FRE] were adopted," and Rule 702 of the
FRE stated that an expert with scientific, specialized, or technical knowledge
qualified as an expert by training, experience, skill, or education may testify to
assist the trier of fact.
"In 1993, the Supreme Court opinion in Daubert v. Merrell Dow Pharmaceuticals,
Inc. modified the standard for the admissibility of expert testimony in federal
courts."
The court sought a middle ground between the Frye standard of general
acceptability that was perceived as too rigid and the FRE standard which was seenas too liberal.
The Daubert standard encouraged judges to determine the admissibility of
"scientific evidence based on the methodology used and not the conclusions
derived by the researcher;" however, the majority of judges are not trained to make
determinations about the quality of methodology.
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The Daubert standard allows judges to use a number of factors applied
to the facts of the case to determine admissibility of scientific evidence;
1. Testability of the knowledge;
2. Whether the theory or technique has been subjected to peer review,3. The known or potential error rate,
4. General acceptance in the scientific community.
Preliminary technologies - Unallowable at trial.
QUESTIONS Brought About by New Technologies:
1. Should such preliminary evidence simply be ignored until it has met
the four factors for Daubert admissibility?
2. Should the legal system postpone the defendant's trial until such
evidence does meet admissibility standards?
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C. Privacy Rights Threatened By New Technologies
ETHICAL CONCERNS - More recently, arrestee-testing laws were enacted
which allowed law enforcement agencies to take the DNA of those charged withfelonies, even though not yet convicted. The federal government and seven
states currently allow the practice, and more states are considering similar plans.
If the defendant is acquitted or the charges against him or her dropped, the
profile is expunged from the DNA database and the biological sample is
destroyed.
However, as long as the profile is in the database, it still can be matched to other
crimes. With these changes in the system, concerns have been expressed that
the government will not impose limits on whose DNA they take and that soon
those who are arrested for any crime, no matter how minor, may be required to
submit to DNA testing.
EXPLOITATION (used for other things)- Several questions are raised by the use
of DNA databases to connect potential perpetrators to crimes. Currently, only law
enforcement agencies have access to these databases, and this access is
dependent on their own legislative or legal requirements;
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QUESTIONS TO PUNDER:
1. Might access to these databases change in the future?
2. Could the information contained in these databases be exploited or
used in illegal or unethical ways?
3. Might the government not stop at requiring DNA tests of those
arrested?
4. Might they some day require this submission of all its citizens?
Function Creep - Several civi l l ibert ies and Con st i tut ion al issu es
arise with such a broadening of their authority, as does the potential for
abuse. Further, some people are concerned with how these DNAdatabases may one day be used for other things;this is called "function
creep" - informal laws may one day be changed to allow outside
companies, such as health insurance providers, access to the
information.
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VI. CONCLUSIONS
Technological advances have dramatically affected the court system. Some of
these effects have been beneficial, for example, by freeing the innocent and
confirming that the correct person was punished.
Despite these benefits, technology has also brought about legal dilemmas,
such as whether these recent policy changes violate a defendant's privacy and
place restrictions on personal freedoms.
Another legal dilemma is that such technologies can in fact be erroneous; evenestablished techniques, such as fingerprint matching, have recently met with
criticism.
There is also concern that juries have begun to place too much reliance on
scientific evidence, without considering flaws in the techniques or in crime lab
processing.
Finally, courts are faced with the dilemma that a person could be put to death,
but later technology proves that he or she was innocent.
This report has explored both the positives and negatives of these new
technologies, how they have changed the legal system for better and for worse,
and what kinds of complicated legal questions they produce.
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As new technologies continue to be utilized in and by the courts, care will
need to be taken to see that such advances do not infringe upon
defendants' rights.
Those who recognize the slippery slope of such technologies, such asDNA databases, need to voice their concerns so that we can ensure their
proper, legal usage.
Additionally, new technologies discovered post-conviction and which are
still in the preliminary stages will further complicate the legal landscape.The courts will have more complicated decisions to make.
Yet another new phenomenon for the courts to consider is that of the CSI
effect.
While prosecutors fear that jurors who watch CSI: Crime Scene
Investigation will be skeptical of any trial that does not contain clearly
convincing scientific evidence, early research suggests the opposite; that
is, jurors that watch crime dramas actually revere scientific evidence and
are prone to voting guilty if such evidence is presented at trial.
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This is of concern because not only is forensic science depicted as fast
and infallible, but real life limitations of the evidence and human errors at
the crime labs are ignored.
There is no doubt that the advancement of technology has improved thefunctioning and reliability of the legal system. However, with these
positive advancements came a variety of new issues, such as the CSI
effect and laboratory errors.
With new technologies being developed all the time, the courts are goingto be forced to make many difficult decisions regarding their proper
usage and the preservation of personal freedoms.
It is hoped that the legal system as a whole will use proper caution when
making decisions about the uses of these new technologies and theirtreatments in the legal system.
THE END!