THE IMPACT OF DNA TECHNOLOGIES ON CRIMINAL INVESTIGATION AND PROSECUTION

ABSTRACT:

This article titled as “ The impact of DNA Technologies on Criminal Investigation and Prosecution”, which examines the impact of changing DNA technology on criminal investigations, including its scientific foundations, legal complexities, and ethical considerations. It provides a brief overview of the promise and challenges in the field, highlighting key DNA technologies, legislative aspects, and examples. The historical context of the discovery of DNA includes an understanding of technologies such as PCR, DNA sequencing, recombinant DNA, restriction enzymes, DNA fingerprinting, and CRISPR-Cas9. Legal frameworks such as the DNA Technology (Use and Application) Regulation Act, 2019 and relevant sections of the Indian Evidence Act are discussed. The advantages of DNA technology, such as the accuracy of crime scene differentiation and the exoneration of the innocent, come with disadvantages such as privacy and false positives. The article emphasizes the importance of clear guidelines, effective legal frameworks and public awareness to support ethical use.

Independently researched, this article is a valuable analysis for lawyers, policymakers, scholars, and the public, providing insight into the rapid intersection of DNA technology, law, and ethics in criminal investigations.

KEYWORDS:

DNA technology, Criminal investigations, legal framework, The DNA Technology (Use and Application) Regulation Bill, 2019.

INTRODUCTION

The emergence of DNA technology in criminal investigations has rewritten the rules, ushering in a period of unprecedented growth. This article explores the game-changing impact of DNA analysis on justice in solving cold cases, uncovering suspicious suspects, and navigating complex legal terrain.

We explore the science behind the headlines, from the complexities of genetic profiling techniques to the ethical considerations of family DNA research. Outside the lab, we examine the legal implications, from the admissibility of DNA evidence to the evolving regulatory framework.

In this short article, we look at the promise and challenges of DNA technology, demystify the controversies, and imagine the future of justice in a world where even the smallest stretches of DNA may hold the key to solving some of the most complex crime mysteries.

WHAT IS DNA (DEOXYRIBONUCLEIU ACID)[1]

DNA, or deoxyribonucleic acid, is a complex molecule that contains genetic instructions for the development, function, growth, and reproduction of living organisms. It consists of two long strands that form a double helix structure, and each strand is made up of individual units called nucleotides. Nucleotides contain a sugar molecule (deoxyribose), a phosphate group, and one of four nitrogenous bases: adenine (A), thymine (T), guanine (G), and cytosine (C).

EVOLUTION OF DNA (DEOXYRIBONUCLEIU ACID) (DEOXYRIBONUCLEIU ACID)[2]

The discovery of DNA led to several key scientists and understanding of its structure and function over time. Here are the highlights:

1. Friedrich Miescher (1869): The first isolation of the substance “nuclein” (now known as DNA) was made by the Swiss biochemist Friedrich Miescher. However, he did not know the importance of genealogy.

2. Phoebus Levene (1919-1929): Levene identified the basic building blocks of DNA, including sugar and phosphate groups, and discovered that DNA contains adenine, thymine, guanine, and cytosine as nucleotide bases.

3. Erwin Chargaff (1940s): Chargaff’s rule, developed in the 1940s, states that the amount of adenine in DNA is equal to the amount of thymine and the amount of guanine is equal to the amount of cytosine. This provides the basis for understanding the structure of DNA.

4. Rosalind Franklin (1950s): Rosalind Franklin used X-ray crystallography to photograph DNA, showing its linear structure.

5. James Watson and Francis Crick (1953): Building on the work of others, James Watson and Francis Crick proposed the double helix structure of DNA with the help of information from Rosalind Franklin. His groundbreaking model was published in Nature in 1953.

These discoveries laid the foundation for understanding the role of DNA in genetics and paved the way for further advances in molecular biology, genetics, and biotechnology. Watson, Crick and Wilkins won the 1962 Nobel Prize in Physiology or Medicine for their work on the structure of DNA.

DNA TECHNOLOGIES AND THEIR CONTRIBUTERS.

Various DNA technologies have been developed over the years, making important contributions to fields such as genetics, medicine, forensics, and biotechnology. Here are the main DNA technologies and the researchers involved in their development:

Polymerase Chain Reaction (PCR):

Polymerase Chain Reaction (PCR)[3] was discovered by Kary Mullis in 19The importance of the polymerase chain reaction (PCR) lies in its transformative effect on molecular biology, genetics, and other scientific fields. The key points that highlight the importance of PCR are:

1. DNA amplification:

PCR allows exponential amplification of specific DNA sequences. This means that a small amount of DNA can be replicated into millions or billions of copies, providing researchers with an abundant and easy supply of genetic material.

2. Genetic Study:

PCR enables the study of key genes, mutations and genetic changes in genetic research. Researchers can accurately analyze and compare DNA from different sources, contributing to advances in our understanding of genetic disease, evolution, and population genetics.

3. Diagnostic Program:

PCR is widely used in diagnostic laboratories to detect pathogens including viruses and bacteria. It plays an important role in the diagnosis of infectious diseases, allowing accurate and precise identification of nucleic acid sequences associated with pathogens.

4. Litigation:

In forensics, PCR is used to obtain DNA profiles and analyze crime scene evidence. The ability to replicate minute amounts of DNA has revolutionized forensics, helping to identify individuals and solve crimes.

5. Biotechnology and Medicine:

PCR is the heart of the biotechnological process that facilitates the production of recombinant DNA and gene cloning. In medicine, PCR is used in molecular diagnostics, cancer research, and identification of genetic markers associated with various diseases.

6. Evolutionary Biology:

PCR has played an important role in the study of evolutionary biology by enabling the amplification of ancient DNA from archaeological and paleontological samples. This provides insight into the genetic history and relationships between species.

7. Drug Development:

PCR plays an important role in drug development, especially in identifying and characterizing drug targets and evaluating drug efficacy. It is used to analyze gene expression patterns and the presence of specific genetic markers associated with drug response.

DNA Sequencing:[4]

Frederick Sanger and Paul Berg discovered the technology called DNA Sequencing in 1977. This serves a milestone in the history of DNA Technology. The following are the importance of DNA Sequencing:

1. Determine the genetic code:

DNA sequencing, especially Sanger sequencing developed by Frederick Sanger, plays an important role in determining the genetic code. This allows scientists to determine the exact sequence of nucleotide bases (adenine, thymine, cytosine, and guanine) along the DNA strand.

2. Genome Research Foundation:

DNA sequencing provides the basis for genome research. Understanding the sequence of the entire genome of an organism, the complete arrangement of its genetic material, has opened an unprecedented opportunity to study the genetic basis of traits, diseases, and evolutionary relationships.

3. Gene identification:

DNA sequencing has helped to identify and characterize the genes in the organism’s genome. Researchers can find specific genes, determine their function, and uncover complex regulatory networks that control gene expression.

4. Molecular Medicine and Disease Research:

DNA sequencing is very important in molecular medicine, allowing researchers to investigate the genetic factors of the disease. The identification of regulatory genetic mutations has led to the development of diagnostics, personalized medicine, and targeted therapies.

5. Evolutionary Studies:

DNA sequencing has become important for the study of evolution. By comparing the DNA sequences of different species or individuals, scientists can determine evolutionary relationships, track genetic changes over time, and gain insight into the diversity and adaptation of life forms.

6. Progress of Biotechnology:

Discovery of DNA sequencing spurred biotechnological progress. It helped develop recombinant DNA technology, allowing researchers to manipulate and engineer genes for a variety of applications, including therapeutic proteins and genetically modified organisms.

7. Human Genome Project:

DNA sequencing plays a key role in the Human Genome Project, a collaborative international effort to sequence the human genome. This groundbreaking work, completed in 2003, has advanced our understanding of human biology and genetics and provided a complete map of human DNA.

8. Next Generation Sequencing (NGS):

Based on Sanger sequencing, a new technology called Next-Generation Sequencing (NGS) has emerged. These high-throughput techniques have revolutionized DNA sequencing, allowing researchers to analyze entire genomes more quickly and cost-effectively, further accelerating the progress of genomics.

Recombinant DNA Technology:

Stanley Cohen and Herbert Boyer discovered Recombinant DNA Technology[5] in the year 1973. The following highlights the significant aspects of Recombinant DNA Technology:

1. Pioneer of Genetic Engineering:

The development of recombinant DNA technology by Stanley Cohen and Herbert Boyer marked the beginning of genetic engineering. This groundbreaking technique involves combining DNA from different sources to create unnatural molecules.

2. Gen Cloning:

Recombinant DNA technology makes it possible to clone genes and produce identical copies of genes. This allows researchers to isolate and study individual genes, leading to in-depth studies of gene function, regulation, and expression.

3. Insulin Production by Genetic Engineering:

One of the earliest applications of recombinant DNA technology was the production of human insulin. Cohen and Boyer’s work paves the way for the development of genetically engineered bacteria that can synthesize human insulin and revolutionize the treatment of diabetes.

4. Biopharmaceuticals and Vaccine Development:

Recombinant DNA technology has played an important role in the production of many biopharmaceutical products, including growth hormones, growth factors, and vaccines. This approach enables large-scale production of therapeutic proteins with precision and consistency.

5. Agricultural Application:

Technology has been applied to agriculture leading to the development of genetically modified (GM) crops with increased resistance to pests, diseases and environmental stress. This has contributed to increased crop yields and sustainability in agriculture.

6. Achievement in Basic Research:

Recombinant DNA technology has greatly advanced basic research in molecular biology and genetics. He facilitates the manipulation of DNA to study gene function, protein structure, and cellular processes, providing important insights into fundamental aspects of life.

7. Creation of Transgenic Organisms

Technology allows the creation of transgenic organisms by introducing foreign genes into the organism’s genome. Studying the function of these genes is crucial for modeling human diseases in animals and understanding the complexity of genetic interactions.

8. Gene Therapy:

Recombinant DNA technology is the basis for gene therapy, a medical approach to treating or preventing disease by inserting, removing, or modifying specific genes. This holds the promise of solving genetic disorders at the molecular level.

9. Ethical and Regulatory Considerations:

The emergence of recombinant DNA technology has led to a debate about ethical and regulatory frameworks for genetic engineering. The importance of the technology extends beyond the scientific and medical fields, influencing policy and public opinion on the responsible use of genetic modification.

Restriction Enzymes (Restriction Endonucleases):

Werner Arber, Hamilton O. Smith, and Daniel Nathans discovered Restriction Enzymes (Restriction Endonucleases)[6] in 1970. The following emphasis the significance of Restriction Enzymes (Restriction Endonucleases):

1. Molecular scissors for DNA:

Restriction enzymes act as molecular scissors by recognizing specific DNA sequences and cleaving the DNA at these sites. Cutting DNA at precise locations allows researchers to manipulate and manipulate DNA fragments with high accuracy.

2. Making DNA fragments:

The specificity of restriction enzymes in recognizing and cleaving specific DNA sequences leads to the formation of DNA fragments with specific ends. This fragment can be easily isolated and combined with other DNA fragments, facilitating the construction of recombinant DNA molecules.

3. Gene Cloning:

Restriction enzymes are important tools in gene cloning, which involves inserting the gene of interest into a vector (usually plasmid or viral DNA). Enzymes are used to cut the gene and the vector at a specific site, so that the gene can be inserted into the vector to make recombinant DNA.

4. Recombinant DNA Technology:

The discovery and use of restriction enzymes was crucial to the development of recombinant DNA technology. This technology makes it possible to combine genetic material from different sources leading to the creation of genetically modified organisms and the production of valuable proteins such as insulin.

5. DNA Fragment Analysis:

Restriction enzymes are used in the analysis of DNA fragments, an important technique in molecular biology. By cutting DNA at specific locations, researchers can create fragments of different sizes, helping to determine gene structure, organization, and specific DNA sequences.

6. Molecular Cloning and Genetic Engineering:

Precise restriction enzyme cleavage activity is essential for molecular cloning and genetic engineering. Scientists can use these enzymes to isolate specific pieces of DNA, amplify them, and insert them into other DNA molecules, allowing the manipulation and modification of genetic material.

7. DNA Map and Sequence:

Restriction enzymes are used in DNA mapping and sequencing projects. By cutting DNA at a specific location, researchers can create fragments of specific length, helping to determine the structure of the entire DNA molecule and help identify genes.

8. Diagnosis of Genetic Disorders:

In medical diagnostics, restriction enzymes are used in methods such as restriction fragment length polymorphism (RFLP) analysis. This allows the detection of DNA sequence changes associated with genetic disorders.

9. Study of Evolution:

Restriction enzymes have played a role in evolutionary studies by facilitating the comparison of DNA sequences between different species. This has provided insight into genetic relationships, evolutionary differentiation, and the molecular basis of biodiversity.

DNA Fingerprinting:

Alec Jeffrey was discovered DNA Fingerprinting[7] in 1984. This discovery created a history in the DNA technology and paves a way for evolution of DNA.

1. Personal Identity:

DNA fingerprinting enables the unique identification of an individual based on a DNA profile. Analysis of specific regions of DNA, such as short tandem repeats (STRs), produces unique patterns that are likely to be very similar among unrelated individuals.

2. Forensic Examination:

DNA fingerprinting has revolutionized forensics by providing a powerful tool to link people to crime scenes or evidence. It plays an important role in solving criminal cases, acquitting innocent people and establishing guilt or innocence in court.

3. Criminal Justice and Law Enforcement:

The importance of DNA fingerprinting in criminal justice refers to its role in criminal proceedings. It is used to identify or confirm the identity of suspects and victims, connect people to crime scenes, and provide indisputable evidence in court.

4. Cold Case Solutions:

DNA fingerprinting has played an important role in solving cold cases. By reanalyzing DNA evidence collected from crime scenes or victims, law enforcement agencies can identify criminals years after the crime was committed.

5. Test of Paternity and Family Relationship:

DNA fingerprints are widely used in paternity testing to determine the biological relationship between individuals. It provides clear evidence of parentage and is used to establish other family relationships such as siblings or maternal grandparents.

6. Identification of vulnerable people and disaster victims:

In cases of missing people or disasters, DNA fingerprints play an important role in identifying individuals where conventional methods can be difficult. It has been used to reunite families, identify victims of mass disasters, and bring back lost relatives.

7. Immigration and Asylum Events:

DNA fingerprinting is used to verify family relationships in immigration and asylum cases, providing a reliable way to confirm biological links when documentation is lost or disputed.

8. Wildlife and Population Conservation Study:

DNA fingerprinting is used in wildlife conservation and population studies. It helps identify individual animals, track their movements, and assess genetic diversity in the population, which is important for effective conservation efforts.

9. Quality control in cell line authentication:

DNA fingerprinting is used in scientific research and biotechnology to verify the authenticity of cell lines. Ensuring the purity and authenticity of cell lines is essential for reliable research and drug development.

10. Ethical and Legal Considerations:

The use of DNA fingerprinting has raised important ethical and legal considerations regarding privacy, consent, and misuse of genetic information. These considerations lead to discussions about the responsible and ethical use of DNA profiling technology.

CRISPR-Cas9 Gene Editing:

Jennifer Doudna and Emmanuelle Charpentier was discovered CRISPR-Cas9 Gene Editing [8]in year 2012. The following explores the importance of CRISPR-Cas9 Gene Editing:

1. Accuracy of Genetic Editing:

CRISPR-Cas9 enables accurate editing of DNA sequences with unparalleled accuracy. This level of precision revolutionized genetic editing, allowing scientists to target and edit specific genes in an organism’s genome.

2. Diversity of Organisms:

One of the great things about CRISPR-Cas9 is its versatility in different organisms such as bacteria, plants, animals and even humans. This technology has been widely adopted in various fields of biology, genetics and biotechnology.

3. Gene Therapy:

CRISPR-Cas9 holds great promise for gene therapy, allowing researchers to correct or reverse genetic mutations associated with various diseases. This opens up new ways to treat genetic disorders at the molecular level, making it possible to treat previously incurable conditions.

4. Functional genomics studies:

The ease and precision of CRISPR-Cas9 has accelerated functional genomics research. Scientists can systematically disrupt or modify specific genes to understand their function, study gene interactions, and unravel the complexity of cellular processes.

5. Creating Genetically Modified Organisms (GMOs):

CRISPR-Cas9 has made it easier to create genetically modified organisms (GMOs) with improved traits or characteristics. In agriculture, this technology is used to develop crops with higher yields, disease resistance, and better nutrition.

6. Drug Development and Approval Targets:

Technology plays an important role in drug development by enabling researchers to validate potential drug targets. CRISPR-Cas9 allows the creation of cell models and specific genetic modifications, helping to identify and validate therapeutic targets.

7. Pregnancy Examination and Treatment:

In tumor research, CRISPR-Cas9 is used to study the genetic basis of cancer, identify oncogenes and tumor suppressor genes, and develop cancer therapies. It provides a powerful tool for understanding and treating different types of ovarian cancer.

8. Resistance to infectious diseases:

CRISPR-Cas9 has been studied as a tool to fight infectious diseases. Researchers have investigated the possibility of modifying genes in flies to prevent the spread of diseases such as malaria and the Zika virus.

9. Ethical and Safety Issues:

The arrival of CRISPR-Cas9 has raised important ethical considerations, especially regarding its use in editing the human genome. There is debate about the ethical implications, the potential for abuse, and the need for strict safety precautions when using this technology.

10. Effect of Education and Access:

CRISPR-Cas9 has democratized genetic editing by making the technology more accessible to researchers and laboratories worldwide. This access has accelerated scientific progress and contributed to progress in various scientific disciplines.

LEGISLATIVE ASPECTS OF DNA TECHNOLOGY IN CRIMINAL INVESTIGATION.

The DNA Technology (Use and Application) Regulation Bill, 2019:[9]

The DNA Act was introduced to regulate the use of DNA technology to identify criminals, victims and missing persons. Which also includes DNA data categories, Permission and Order, Acceptance of DNA Evidence, Sins of sinners, Punishment, surveillance are the major components of the DNA Technology (Use and Application) Regulation Bill, 2019

This project allows for the creation of a National DNA Data Bank as well as a State DNA Data Bank to maintain a national database of DNA profiles. The legislation defines the categories of DNA data that can be collected, including crime scene DNA, suspect DNA and DNA samples from relatives for identification purposes. The draft describes the procedures for collecting DNA samples, obtaining consent and analyzing DNA profiles. emphasizes the importance of privacy and consent in the collection and analysis of DNA. Legislation provides guidelines for the admissibility of DNA evidence in the trial. It sets the standard for the reliability and integrity of DNA testing procedures. The bill includes provisions to ensure that the DNA profile in the event of a release or release is not unfairly affected by the retention of innocent genetic information. These laws include offenses related to the unauthorized disclosure of DNA data, misuse of DNA samples, and violations of statutory provisions. The project created a DNA Regulatory Board to oversee the use of DNA technology and databases. The council is responsible for setting guidelines and standards.

The Indian Evidence Act, 1872:[10]

Section 45:

Section 45 of the Indian Evidence Act allows the court to rely on expert opinion in matters requiring specialized knowledge, including examining DNA evidence. Reality is something perceived by the senses, and thinking involves mental processes. Chapter 3 expands the definition of facts to include human opinion. In section 60, oral evidence, especially based on an opinion, must be given directly by the person holding the opinion. Expert opinion is important in cases requiring special knowledge, experience or skill regulated by section 45-51.

To be an expert witness, two requirements must be met: the subject requires expert testimony, and the witness is actually an expert. Validity and reliability are important; A witness must prove his skills by passing tests and examinations. A specialist defined in section 45 has special expertise in a specific field.

Examples include medical, handwriting, fingerprint and firearms experts. Expert opinions must be relevant to the facts of the case and, even if relevant, are not conclusive. The court evaluates the expertise of an expert and the weight of their opinion depends on corroboration and reliance on direct evidence.

It is essential that foreign laws are adopted under section 45 or by official publication. The expression “science or art” includes subjects requiring special training or experience. Medical evidence must be processed with caution and its value lies in corroborating direct evidence. The opinion of a manuscript expert can be accepted, but it is not the only way to authenticate a manuscript.

The legal case demonstrates the importance of expertise and its relevance to the court case, and the acceptance of the opinions of various experts. In conclusion, expert opinions are helpful to the court but require careful consideration because their probative value is subject to verification and validation.

2. Section 53:

Section 53 gives the police or a registered medical practitioner the power to examine a person when directed by a police officer. This includes collecting body material for DNA testing.

This is true in criminal cases, unlike in civil cases where these characteristics are not relevant. Section 53 of the Indian Evidence Act provides that the good character of the accused is relevant. This is due to basic human psychology, people with good character usually do not become criminals. If proven good, it helps people avoid criminal charges.

Evidence of good character is always accepted. In doubtful cases, it can be used to tip the balance in the defendant’s favor, but good character cannot outweigh positive evidence if there is positive evidence of the defendant’s guilt. It is up to the court to determine how much weight to give evidence of good character in the trial.

In the case of Habeeb Muhammad v. State of Hyderabad, the Supreme Court held that the character of an accused person in a criminal case can help determine the innocence or guilt of the accused. It can help him doubt or clear all doubts. The defendant is allowed to prove his social character at sentencing.

Criminal Procedure Code, 1973:[11]

1. Section 53A:

Section 53A of the Penal Code allows the collection of biological samples such as blood, semen, hair and saliva for DNA testing under certain circumstances.

Section 53A of the Indian Evidence Act, introduced by Act 13 of 2013, provides for the admissibility of evidence in certain cases involving sexual offences. This section applies when it comes to specific sections of the Indian Penal Code such as assault, sexual violence, stalking, rape and other offenses.

Section 53A, which covers crimes such as sexual violence against women, suicide, stalking, stalking, rape, gang rape and others, provides that the accused or the victim has no character. important in determining the quality of consent or permission. In essence, the law aims to focus the trial on the specific facts of the alleged offense and whether or not there is a valid consent.

Additionally, section 53A states that evidence of the victim’s prior sexuality is considered irrelevant in these circumstances. These rules are designed to prevent the release of information about the defendant’s or victim’s character or past behavior in court.

Simply put, section 53A ensures that prosecutions for certain sexual offenses focus on the core elements of the crime, such as consent, without allowing extraneous factors such as the individual’s character or the victim’s previous sexual experience to come into play. The goal is to create a more focused and fair trial for sex offenders.

2. Section 164A:[12]

Section 164A allows the court to record complaints and collect bodily material for DNA testing during the investigation of certain offences.

During the criminal investigation of rape or attempted rape, it is recommended that the identity of the accused woman or attempted rape be checked by a medical professional, such as an examination by a registered medical practitioner working in a government or hospital-run local authority. performed in the absence of such practitioner, by another registered medical practitioner with the consent of the woman or authorized person. Giving such consent on his behalf and such woman shall be referred to a registered medical practitioner within twenty-four hours of receiving information relating to the commission of such offence.

A registered medical practitioner referred to such a woman must immediately verify her identity and prepare an examination report giving the following information:

the name and address of the woman and those brought;
women’s age;
A description of the material taken from the woman’s identity to obtain a DNA profile;
signs of trauma in women;
general mental state of women; and
other material properties, in detail,
The report should clearly state the reasons for each conclusion.
The report must specifically state that the consent of the woman or a person authorized to obtain consent on her behalf for such an examination has been obtained.
The exact time of commencement and completion of the test shall also be mentioned in the report.
The registered medical practitioner shall immediately send the report to the Magistrate referred to in section 173, who shall send it as part of the document referred to in sub-section (a) of sub-section (5) of that section.
Nothing in this section shall be construed as requiring any
legal examination without the consent of the woman or a person authorized to give such consent on her behalf.

ADVANTAGES ON IMPLICATION OF DNA IN CRIMINAL INVESTIGATION[13]

1. High Accuracy:

Courts generally recognize the high accuracy of DNA analysis, making it a reliable form of evidence in criminal cases. Ensuring the accuracy of DNA analysis is not only a legal requirement, but also an ethical imperative to prevent miscarriages of justice.

Case: Daubert v. Merrell Dow Pharmaceuticals (1993) – While not a DNA-specific case, this U.S. Supreme Court decision established the Daubert standard, which requires that scientific evidence, including DNA evidence, must be based on reliable scientific methods to be admissible in court.

2. Crime Scene Distinction:

DNA evidence linking suspects to a crime scene is often key to establishing probable cause for an arrest and supporting search warrants. Properly collected and analyzed DNA evidence strengthens the case against the accused and promotes justice for victims.

Case: State v Smith (2010, United States) – In this case, DNA evidence found at the crime scene was instrumental in linking the suspect to the robbery. The court considered DNA evidence a key factor in determining probable cause for arrest and in issuing a search warrant for the suspect’s residence.

3. Freeing the innocent:

DNA evidence leading to the exoneration of wrongfully convicted persons may lead to legal remedies such as reversal of conviction and compensation. Redressing wrongful convictions is a moral duty of the legal system and emphasizes the ethical responsibility to ensure fair trials.

Case: State of Illinois v. Jonathan Barr (2011) – DNA evidence played a crucial role in the exoneration of Jonathan Barr, who had been wrongfully convicted of sexual assault. Subsequent DNA testing on evidence from the crime scene excluded Barr as the perpetrator, leading to his release from prison.

4. Cold Case Resolution:

Advances in DNA technology may justify the reopening of non-controversial cases, provided that statutory time limitations (the statute of limitations) permit such an investigation. Solving unsolved cases serves the ethical goal of bringing closure to victims’ families and holding perpetrators accountable.

Case: People v. Foreman (2011, California, USA) – In this case, DNA evidence from a cold case led to the identification of the perpetrator and dismissal of the case. The court ruled that the DNA evidence was admissible and, considering its reliability, led to the opening of the dismissal of the cold case

5. Database Development:

DNA databases are subject to strict laws regarding the collection, storage and sharing of genetic information to prevent misuse.

Balancing the benefits of a comprehensive DNA database with the ethical obligation to protect individual privacy is critical. Clear regulations ensure responsible database management.

Case: Maryland v King (2013, USA) – In this case, the US Supreme Court upheld the constitutionality of collecting DNA samples from people arrested for serious crimes. The decision emphasized the importance of a comprehensive DNA database to solve crimes, while acknowledging the need for special rules to prevent abuse.

DISADVANTAGES ON IMPLICATION OF DNA IN CRIMINAL INVESTIGATION[14]

1. Privacy Concerns:

Privacy laws govern the collection and storage of DNA samples, with legal consequences for unauthorized access or misuse.

Respecting the privacy rights of individuals is a cornerstone of the ethical use of DNA, emphasizing informed consent and secure data management.

Case: S v. Governor of the Central Prison of Russia (2019) – The European Court of Human Rights ruled on a case where the mass collection of DNA samples from prisoners was challenged on privacy grounds. The court emphasized the importance of safeguards to prevent misuse and unauthorized access to genetic information.

2. Discriminatory use:

Discriminatory use of DNA technology may violate anti-discrimination laws, leading to legal consequences.

Mitigating the risk of biased profiling and ensuring fair treatment are ethical imperatives when applying DNA technology.

Case: R v. Brown (2003) – In the UK, concerns were raised about the potential for genetic discrimination based on DNA evidence. The court highlighted the need for safeguards to prevent misuse and emphasized the importance of protecting individuals from unfair treatment based on their genetic information.

3. False Positive:

Courts may scrutinize DNA analysis procedures, and defense attorneys may challenge the reliability of evidence in cases of potential false positives.

Ensuring the reliability of DNA results and transparently acknowledging the potential for error is ethically responsible practice.

Case: Rv . Adams (1996, UK) – In this case, the Court of Appeals addressed the issue of contamination that could lead to false positives in DNA testing. The court emphasized the importance of rigorous testing protocols and the need for open disclosure of uncertainties in research.

4. Limited sample availability:

Courts may consider problems in obtaining viable DNA samples when evaluating the strength of DNA evidence.

Transparent recognition of the limitations of DNA analysis and communication of uncertainties ethically guides investigators and lawyers.

Case: R v. Jackson (2006, Canada) – In this case, the court considered the limitation of DNA evidence due to the deterioration of the sample over time. Judges acknowledged the challenges of taking routine samples and factored that in when assessing the weight of DNA evidence at trial.

5. Legal and Ethical Issues:

The ongoing debate may lead to the development of new laws and regulations that shape the legal environment surrounding DNA technology.

Ethical debates drive the development of legal frameworks and ensure that the application of DNA technology is consistent with societal values and principles.

Case: Maryland v. King (2013) – The U.S. Supreme Court addressed the constitutionality of collecting DNA samples from individuals arrested but not yet convicted of a serious offense. The court held that collecting DNA from arrestees was a legitimate law enforcement tool, but the decision raised concerns about privacy and the potential for misuse.

OVERCOMING ETHICAL AND LEGAL CHALLENGES [15]

1. Application Development:

Clearing and following ethical guidelines helps ensure responsible and ethical practices in enhancing the successful integration of DNA technology.

Important: Ethical guidelines often overlap with legal requirements, and compliance is essential to the development of legal and responsible applications of DNA technology. Implementations: They should also follow the national genetic testing guidelines and guidelines set by respected organizations such as the World Health Organization (WHO).

Example: Ensuring that applications comply with the GDPR[the General Data Protection Regulation in the European Union or the Health Insurance Portability and Accountability Act (HIPAA) in the United States. may include obtaining explicit user consent for data processing, data encryption, and giving users the right to access and control their genetic data.

2. Consolidation of the legal framework:

Amendments and additions to the law facilitate the successful use of DNA in criminal investigations. This includes addressing privacy concerns and ensuring appropriate practices.

Important: The legal framework must evolve to be in line with technological progress, ensuring the responsible and ethical use of DNA technology.

Implementation: The Legislature may enact specific laws to define DNA technology, permitted uses, and penalties for violations. For example, the law may specify the conditions under which law enforcement agencies can collect DNA samples, the retention period of the DNA database, and the right of individuals to object to the use of their genetic information.

Example: In the United States, the DNA Identification Act establishes rules for the collection and analysis of DNA samples, permitted uses of DNA data, and criminal penalties for unauthorized disclosure.

3. Public Awareness:

Replication includes efforts to solve problems regarding the ethical use of DNA technology in the public domain, building trust, and privacy and abuse.

Important: Information on public engagement is essential to form laws and policies that reflect public values and concerns about DNA technology.

Implementation: Government and relevant organizations can consult collectively when drafting or amending laws related to DNA technology. Transparency in court proceedings promotes public participation, and awareness campaigns can inform citizens of their legal rights and protections.

Example: Public inspections and consultations can be held to gather different views on the development of legislation related to DNA databases. Public awareness initiatives can clarify the legal measures available to protect against misuse and unauthorized access

CONCLUSION

In the context of criminal investigations, DNA technology is not only evolving, but also increasing its success worldwide. The expansion of DNA databases, international cooperation, and developments in ethical and legal frameworks show continued impact.Overcoming challenges including ethical and privacy considerations has become critical. Clear guidance, legal adaptation and public awareness have ensured responsible use. Looking ahead, the expanding role of DNA holds promise for success. Advances in technology and collaboration will streamline the resolution of cold cases and improve prosecutions.In the pursuit of justice, DNA is a steadfast ally and a symbol of our commitment to truth and justice. As we navigate this ever-evolving landscape, the continued success of DNA technology ensures that justice research is consistent, science-driven, and impactful.

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https://www.britannica.com/science/DNA
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[1] https://en.wikipedia.org/wiki/DNA

[2] https://www.britannica.com/science/DNA

[3] https://www.ncbi.nlm.nih.gov/probe/docs/techpcr/

[4] https://www.thermofisher.com/

[5] https://byjus.com/biology/recombinant-dna-technology

[6] Restriction Enzyme (Restriction Endonuclease) – Definition, Types, Examples, Functions (microbiologynote.com)

[7] https://geneticeducation.co.in/dna-fingerprinting-definition-steps-methods-and-applications

[8] What is CRISPR/Cas9? – PMC (nih.gov)

[9] DNA Technology (Use and Application) Regulation Bill 2019 – INSIGHTSIAS (insightsonindia.com)

[10] https://indiankanoon.org/doc/1953529

[11] https://www.indiacode.nic.in/bitstream/123456789

[12] CrPC Section 164A – Medical examination of the victim of rape | Devgan.in

[13] https://www.ambeaulaw.com/blog/2020/july/pros-and-cons-of-dna-evidence

[14] https://www.ambeaulaw.com/blog/2020/july/pros-and-cons-of-dna-evidence

[15] Ethical and legal challenges – ScienceDirect

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