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Mandatory DNA Testing for Trial

Mandatory DNA Testing for Trial. Chris Lewis. Background. Only about 5% of DNA encodes for proteins. The other 95% of DNA is junk DNA and Variable Number Tandem Repeats (VNTR). This what forensic scientists target when they are analyzing the DNA.

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Mandatory DNA Testing for Trial

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  1. Mandatory DNA Testing for Trial Chris Lewis

  2. Background • Only about 5% of DNA encodes for proteins. • The other 95% of DNA is junk DNA and Variable Number Tandem Repeats (VNTR). • This what forensic scientists target when they are analyzing the DNA. • These sections are unique in size to the individual even though genes are hereditary.

  3. Types of DNA Tests • Restriction Fragment Length Polymorphism (RFLP) • Uses Southern Blot technique to radioactively tag sections of DNA. • The DNA is then ran through a gel electrophoresis to separate the different markers according to size. • Needs a large sample size. • Short Tandem Repeats (STR) • This technique is very similar to RFLP except the markers target smaller sections of the DNA. • This technique is more commonly used due to the smaller sample size needed.

  4. DNA Database • The DNA database was created in 1994 by the Federal Bureau of Investigation. • Currently all 50 states require a mandatory DNA sample from convicted felons. • 22 states require a mandatory DNA sample from anyone arrested for burglary arrests.

  5. DNA Backlogging • DNA Backlogging is a term used to describe when forensic scientists are not able to process all the DNA samples in the year that the samples are made. • This occurs because processing the DNA sample is a very time consuming process. • The DNA samples are then processed the following year allowing with the new samples given in the following year. • DNA backlogging is an issue that is getting worse as the demand for DNA testing rises.

  6. DNA Backlogging Chart

  7. Issues With Mandatory DNA Testing • DNA backlogging is a growing problem with processing DNA samples. • This can cause a delay in a persecutions due to attorneys waiting for DNA tests results to return from forensic laboratories.

  8. Advantage To Mandatory DNA Testing • DNA testing is a very precise way to determine if the accused was present at the crime scene. • The Innocence project freed 17 wrongfully accused individuals from death row using DNA testing.

  9. Ethical Formalism • The ethical formalism framework states that as long as the intentions of the individual are altruistic, then the act is ethical no matter the results. • Since DNA testing is precise in making sure the right person is convicted, mandatory DNA testing in trials would be considered ethical. • Even though DNA backlogging will cause issues with obtaining results, it is still ethical.

  10. Utilitarianism • The utilitarianism ethical framework states that the act that the most people will benefit from is ethical. • Issuing mandatory DNA testing for trials would not be considered ethical using this framework. • Although DNA testing is very precise, DNA backlogging is an issue that would effect the court system as a whole. • This is an issue that could affect how long it take to prosecute an individual.

  11. My Views • I agree with the utilitarianism ethical framework. • The demand for DNA testing is growing each year, and DNA backlogging is an issue that is getting worse. • I do not agree with issuing mandatory DNA testing at trials because it would not be ethical to prosecute an individual before the DNA test is finished, or have to wait over a year for the prosecution due to backlogging.

  12. References • Theresa , P. (n.d.). Restriction fragment length polymorphism. Retrieved from http://biotech.about.com/od/glossary/g/RFLPdef.htm • James, N. (2012). DNA testing in criminal justice: background, current laws, and issues. Congressional Research Service. Retrieved from: www.crs.gov • Lodge, S. (2009, November 07). DNA tests have released 17 "death row" convicts. without DNA tests, innocent people would probably be dead. Retrieved from http://voices.yahoo.com/dna-tests-released-17-death-row-convicts-without-4836532.html • Pollock, J. (2012). Ethical dilemmas and decisions in criminal justice. (8 ed.). Belmont,CA: Wadsworth Cengage Learning.

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