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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. These sections are unique in size to the individual

even though genes are hereditary.

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.

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.

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.

DNA Backlogging Chart

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.

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.

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.

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.

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.

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.