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2:112-115 (2012)
Abstract: The discovery of extensive number of polymorphic genetic loci in DNA has revolutionized the way we view the role of science in crime scene investigation. In last two decades tremendous forward had been made with new DNA technologies that permit individual identification of source from incredibly small amounts of evidence that may have been deposited in many days, months, or even years before recovery by law enforcement. This paper analyses aspects of DNA fingerprinting and its problem and prospects. Paper also covers some of the DNA technologies used in forensic investigations, issues of admissibility of DNA tests under the umbrella of Frye test evolved in Frye v. United State for scientific evidence to be admissible in court of law. Right to privacy is big hurdles in the pathway of forensic Investigation, authors has emphasized international instruments relating to right to privacy and important case laws decided by supreme court of India and from other nations has been covered. And in the last part of the paper Ethical, Legal, and Social Concerns about DNA Data banking has been also dealt with. Keywords: Polymorphic genetic loci in DNA, DNA fingerprinting, Admissibility of DNA, Right to privacy, Ethical, Legal, and Social Concerns, DNA Data banking Introduction: The term DNA fingerprinting was coined by Dr. Alec Jeffreys, in his seminal article describing how genetic analysis of DNA fragment can yield an individual specific DNA fingerprints. The term fingerprinting was associated with DNA probably because DNA and fingerprints because both provide fingerprints. Practical Applications of DNA Fingerprinting is for Paternity and maternity because a person inherits his or her VNTRs from his or her parents, VNTR patterns can be used to establish Paternity and Maternity. Criminal Identification and Forensics- DNA isolated from blood, hair, skin cells, or other genetic evidence left at the scene of a crime can be compared, through VNTR patterns, with the DNA of a criminal suspect to determine guilt or innocence.
Personal Identification- The notion of using DNA fingerprints as a sort of genetic bar code to identify individuals has been discussed, but this is not likely to happen anytime in the foreseeable future. DNA technologies used in forensic investigationsThe aim and objective of DNA fingerprinting is to detect the differences among the DNA samples taken from different individuals. Restriction Fragment Length Polymorphism (RFLP) RFLP is a technique for analyzing the variable lengths of DNA fragments that result from digesting a DNA sample with a special kind of enzyme. RFLP was one of the first applications of DNA analysis to forensic investigation. PCR Analysis- Polymerase chain reaction (PCR) is used to make millions of exact copies of DNA from a biological sample. DNA amplification with PCR allows DNA analysis on biological samples as small as a few skin cells. The RFLP is a complex procedure that can be subdivided into seven individual steps: 1. DNA extraction, 2. Restriction digestion, 3. Gel electrophoresis, 4. Southern transfer, 5. Hybridization, 6. Autoradiography and 7. Interpretation of DNA print. STR Analysis: Short tandem repeat (STR) technology is used to evaluate specific regions (loci) within nuclear DNA. Variability in STR regions can be used to distinguish one DNA profile from another. The Federal Bureau of Investigation (FBI) uses a standard set of 13 specific STR regions for CODIS. CODIS is a software program that operates local, state, and national databases of DNA profiles from convicted offenders, unsolved crime scene evidence, and missing persons. Y-Chromosome Analysis: The Y chromosome is passed directly from father to son, so analysis of genetic markers on the Y chromosome is especially useful for tracing relationships among males or for analyzing evidence of multiple male contributors.
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method employed by the expert witness, as it helps the courts to determine the reliability of the results; Finally, whether it has gained general acceptance within the relevant scientific community. Is There a Constitutional Right to Testing Under the Brady Doctrine? In Brady v. Maryland,3 the Supreme Court held that a defendant has a constitutional right at or before trial to be informed of exculpatory evidence in the hands of the State. A number of courts have extended Brady to requests for DNA testing even when the request is made after trial and although it is potentially exculpatory evidence that is being sought. In Arizona v. Youngblood4, petitioner claimed that his conviction should be vacated because the State before trial had destroyed rectal swabs containing sperm which could have demonstrated his innocence. These Supreme Court decisions provide an avenue for access to testing even when no formal discovery procedures exist as part of the post-conviction statutory scheme in that jurisdiction. An early case applying Brady is Matter of Dabbs v. Vergari 5 , in which an inmate requested access to perform DNA testing as a prelude to a possible motion to vacate the conviction based on newly discovered evidence. The prosecution opposed the motion on the grounds that no statutory right to the requested post-conviction discovery then existed in New York; that the results of proposed testing were speculative; and that granting the petitioner's request would prompt other convicted sex offenders to demand DNA testing. The Dabbs court, relying on Brady, supported its decision to allow the requested testing as saying that defendant has a constitutional right to be informed of exculpatory information known to the State. In State v. Thomas 6 , the court rejected lateness arguments from the prosecution and held that DNA evidence is such a potentially powerful tool to demonstrate actual innocence that even the most unyielding procedural bars must give way. Other cases embracing a Brady analysis are: Sewell v. State 7 inmate allowed access to rape kit for DNA testing 10 years after conviction notwithstanding the absence of discovery procedures. In Mebane v. State8 (requests for DNA testing can be granted under Brady when proper showing made).
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293 F. 1013 (1923) 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d469, 27 U.S.P.Q.2d (BNA) 1200 Prod. Liab. Rep. (CCH) 13494, 37 Fed. R. Evid. Serv. 1, 23 Evid I, Rep. 20979(1993).
373 U.S. 83 (1963) 488 U.S. 51 (1988) 570 N.Y.S.2d 765 (1990) 6 586 A.2d 250 (1991) 7 592 N.E.2d 705, 707-708 (1992) 8 902 P.2d 494, 497 (1995)
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2002 (62) DRJ 851 Ibid 11 DNA and Forensic Science, Available at http://www.forensicprofiles.com/dna.html, last visited, 20/2/2012.
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Katies Bill, Available at http://thenewsherald.com/articles/2010/02/10/life/doc4b7022a1a5d 89931782690.txt Last visited 21/2/2012. 13 DNA Dragnet, Available at http://www.abajournal.com/magazine/article/dna_dragnet/, Last visited 19/2/2012. 14 Article 12 UDHR 1948 15 Article 17 ICCPR 1966 16 Article 8 EUCHR 1950 17 The Constitution of India, 1950 18 1975 SC 1378
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