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Tuesday, January 23, 2007

Convictions Exonerated By DNA Testing

Dallas County Records 12th DNA Case was one of the featured articles in the Dallas Morning News yesterday.  Actually there have been many convictions overturn by the results of DNA testing since it became available for criminal case analysis.  Of course there has been the usual breast beating by state representatives

‘These are appalling mistakes, and in the case of Dallas County, there have been so many,’ said Democratic state Sen. Rodney Ellis of Houston, who is sponsoring a bill to create Texas Innocence Commission to scrutinize the state’s criminal justice system. Ellis serves as chairman of the board of directors for the Innocence Project.

This will probably result in another level of bureaucracy which will do nothing but spend more of our tax money.

The obvious questions that are brought to my mind is how are apparently innocent people being convicted in the face of what is now negating DNA evidence, and just how accurate is the overturning DNA evidence.  On conviction side is the strong possiblity of misidentifications, falsified evidence and plea bargaining.  The first 2 of my list are evident in the Duke lacrosse player rape case where a highly tainted line-up was used to identify the alleged perpetrators and the alleged victim apparently falsified her statements.  I suspect that the pressure of plea bargaining sometimes convinces innocent suspects to accept a lessor sentence rather than risk a more severe penalty if they lose in a court case.

On the DNA side, I confess to mostly ignorance on the quality of the test results.  However, it seems to me that tests on DNA material which is several years old would be problematic at best. Some of you readers/commentors may be able to discuss the veracity of these tests.

Considering how easy it must be to be falsely charged with a sex crime, I am grateful that DNA tests are available to potentially disprove the accusation.

Comments

I was on a jury in a rape case involving DNA and I can tell you that it is very compelling.  In our particular case, they ruled out the possibility of it being anyone except the accused by a factor of about 4000 (the numbers were so big, it made my head hurt) meaning that it would take 4000 tims the current population of the Earth to guarantee that there would be one other DNA match.

The results are based on the rates of occurrence of certain markers (16 total if I remember correctly) in people.  In fact, the results they presented had the probablities broken down by race as well since certain markers are more or less prevalent in certain races.


"Although I can accept talking scarecrows, lions and great wizards in emerald cities, I find it hard to believe there is no paperwork involved when your house lands on a witch.”
- Dave James

Steve L. on January 24, 2007 at 09:58 am
Avatar for Robert Perry

DNA survives pretty well unless the sample is left to rot, more or less.  So if biosamples are kept in the freezer, it’ll be OK.

And the cases where it’s overturning cases?  Those are generally cases where people were convicted on fairly scanty evidence--the testimony of one person or less.  If I were a juror, I’d have trouble convicting on such evidence for that reason.

Robert Perry on January 24, 2007 at 04:19 pm

rp, one other thing that occurred to me after I wrote this post is that for every exoneraion which assums that the wrong person was convicted, there is the real criminal walking free potentially stalking other victims.  Wrongful and careless law enforcement and prosecution is bad for society in more ways than one.


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on January 25, 2007 at 06:46 am
Avatar for Robert Perry

You’ll get no argument from me on that one!

Robert Perry on January 25, 2007 at 08:30 am
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