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DNA Testing in Criminal Defense and Exoneration
DNA is a “fingerprint” found in biological tissues and fluids, such as saliva, hair, semen, skin, blood, sweat, and tears. Over the past 20 years, DNA testing has mostly been used by the prosecutor in criminal cases to prove that the suspect was at the scene of the crime. This can be relatively certain if there is an exact match.
DNA testing can also be used by the defense to show that the suspect was not at the scene of the crime. However, just because no DNA was found at the crime scene does not mean that the defendant was not there. Nevertheless, defendants use precisely this argument to exonerate convicted criminals.
In all fairness, the argument can be strengthened if there is evidence of a struggle, such that hair, skin, and bodily fluids should have been left at the scene. Organizations such as the Innocence Project are working to exonerate convicts through the use of DNA testing, and are succeeding in a number of cases they accept. DNA testing has exonerated 218 people, including 16 on death row.
43 states allow inmates claiming innocence access to DNA testing. Exonerators are working to increase access in prisons to DNA testing. During trial, defendants argue that matching test results were not accurate because of the corruption of the DNA sample, or because only a few identifying segments of the DNA were obtained.
Also, the very certainty of DNA testing can be disputed. The defense can argue that each segment represents a binary value, such that the odds of a match are much lower than the purported 1 in 100 billion. The defense can also cite the “Arizona search,” where FBI DNA records were combed for matches, and some surprisingly turned up between unrelated convicts.
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