Use of Forensic Examination in Investigating Sexual Assault - Literature review Example

Running head: Use of Forensic examination in investigating sexual Assault Your name Course name Professors’ name Date Introduction In many courts of law, one is presumed to be not guilty until proven otherwise by the evidence. This however has not always been the case. Many years ago in England one could be proven guilty if they failed to win a sword fight. Kings would accuse someone based on mere suspicion or torture someone in order to obtain confessions (Gardner & Anderson 2009). Modern technology has given rise to more accurate systems that are used in the legal system to convict criminals beyond any reasonable doubt. One such technology is forensic examination which is based on the fact that every object has its own distinctive patterns (Vanderkolk 2009). By analyzing the DNA of the trace evidence found at the crime scene, forensic examination can establish the link between the victim and the assailant. Forensic science is playing an increasingly vital supportive role in criminal investigations. Research question While investigating cases of sexual assault, how effective is forensic examination in determining the assailant who commits the act? What role does forensics play in this situation? Literature review on academic articles Houck (2001) recognizes the importance of forensics in solving crimes. He notes that it is difficult for criminals to recognize the transfer of trace materials from one surface to another when committing a crime. It is through examining this trace evidence that a criminal can easily be linked to a crime. It is impossible for a criminal to get rid of all the evidence as microscopic materials will always remain on the crime scene. This shows how trace substantiation can be used in a court of justice to sue an offender. However the value of trace evidence is limited to the type, quantity, place where they were found and the circumstances surrounding it. Due to its microscopic nature, it is important to note that trace evidence should be treated with utmost care as contamination can destroy the evidence collected (Turvey 2008). Often in sexual assault cases, the sample of the assailants’ semen is contaminated with the victims’ epithelial cells or blood. These samples can be examined using laser micro dissection to identify the cells hence identify the criminal. According to Gunn (2009) although DNA analysis is highly effective, it can be expensive as specialized equipment is needed. Furthermore finding human tissues to work with can be almost impossible. Forensic science has been used to link a suspect to a crime and determine if testimony given in court is credible, and give clues in cases. This has been attained through the employment of DNA analysis and finger prints development and comparison (Lee & Harris 2000). Although DNA analysis has been a large success since its initiation in 1984, it is notable in only 10 percent of crimes carried out since body fluids or tissues must be found on the crime scene in order to create a DNA fingerprint (Gardner & Anderson 2009). Over 80 percent of DNA received by FBI is from rape cases. This clearly indicates how fundamental DNA analysis is in investigating sexual assault cases. Real life cases of crime and identification solved with the help of forensic analysis Evidence collection is meant to facilitate the resolution of a crime. Eye witnesses and alibis in court cases have in many instances been found unreliable in the courtroom. Hazy recollection of events involving crime or inconsistencies in testimonies has easily led to mistrials. Through forensic analysis and its accuracy, efficiency has been ensured in solving sexual assault cases as illustrated in the following cases Sir Alec Jeffreys greatly contributed in solving a criminal case in 1986. A serial killer in Britain was on the loose. Many girls had been raped, and two had already been killed. A suspect was in custody but the investigations were still ongoing. Employing D.N.A fingerprinting in this case would not have been easy, since the method was still fairly new and not widely understood. Jeffreys recommended genetic screening of all males in the area. The genetic material of all the biological samples obtained was compared to that found in the crime scenes. The results obtained not only led to the identification of the true offender, Collin Pitchfork, but also resulted in the release of an innocent man who had been accused of the crimes falsely. These overwhelming successes of D.N.A fingerprinting led to its adoption in America around the same time (Dusheck & Tobin 2005). In California, the case of the murder of little Alice brown in 1983 was only solved through D.N.A fingerprinting a decade later. According to Turvey (2008), Alice was only five years old when she was kidnapped, never to be seen alive again. She was found raped and murdered seven days later. Upon investigations, a man who had been Alice’s neighbor was a likely suspect. He was inconsistent about his whereabouts on the day of the murder, and he also had previous misdemeanour charges on record. However, D.N.A. fingerprinting didn’t exist then, and there was no credible evidence to arrest the suspect. Twelve years later, when California state finally passed laws accepting D.N.A. fingerprinting as valid evidence in court cases , semen traces that had been recovered from Alice’s dress over a decade earlier were used to place the suspect at the scene of the crime, and a conviction was finally achieved. Dennis Maher had served more than 19 years in Massachusetts prison having been charged with 2 rapes. His arrest came as a result of matching the suspect’s description as given by the victim who indicated that her assailant was wearing a red sweatshirt. Though Maher claimed he was innocent, the police arrested him based on the fact that he was wearing a red sweatshirt with a hood attached to it. After years of searching for evidence to exonerate him, his counsel discovered underwear and slacks worn by the first victim at the time the crime was committed. A DNA analysis was conducted on the semen found on the clothes and it was discovered that it did not match that of Maher. With the emergence of these new evidence Maher was exonerated of all the charges (Kobilinksy, Liotti & Sweat 2005) Interpretation and critical reflection The success of DNA fingerprinting in forensic analysis has been overwhelming. In view of the above mentioned cases, it is difficult to envision a world without forensic science. Forensic analysis has enabled criminals to be convicted of their crimes where other forms of evidence proved unreliable. In the murder of Alice brown, the suspect could not be convicted as there was no sufficient evidence despite the fact that the suspect was inconsistent with his whereabouts on the day of the murder. In the other case, Maher had been convicted of a crime he did not commit based on his mode of dressing at the time the crime was committed. This kind of evidence is likely to be biased and can result to conviction of the innocent. DNA analysis ensures that culprits are arrested and convicted owing to its high accuracy as the marginal error is minimal. On the other hand it ensures offenders falsely accused are exonerated because scientifically proven facts are used. In the past, cases were resolved primarily from interrogations done on all parties involved, from suspects to potential witnesses. However, through fingerprinting, it has been shown that witnesses or suspects need not be there for a crime to be solved (Gaines & miller 2007). Discussion and Conclusion The major challenge in D.N.A. fingerprinting, as seen from the Collin pitchfork case, is the lack of an existing genetic database which can be compared with information gathered from a particular crime. With the advancement of technology, maybe such hurdles can be eliminated in the future by incorporating an individual’s genetic fingerprint with other commonly encountered personal data, like a personal identification number or a social security number. The validity and integrity of forensic evidence greatly varies with the degree to which care was taken to preserve it. Forensic analysis can be labour intensive and time consuming (Houck 2001). Forensic examination is an indispensable asset in modern law as its advantages largely outweigh its limitations. As discussed earlier, it would be impossible to convict sexual offenders in the absence of forensic evidence hence the need to handle trace evidence with absolute care. It is expected that forensic examination will continue to take a more pivotal role in the quest to resolve sexual assault cases in the future. References Dusheck, J & Tobin, AJ 2005, Asking about life, Cengage learning, Sidney. Gaines, LK & Miller, RL 2007, Criminal justice in action: The core, Cengage learning, Sidney. Gunn, A 2009, Essential forensic biology, John Wiley & sons Ltd, West Sussex. Houck, MM 2004, Trace evidence analysis: More cases in mute witnesses, Elsevier academic press, Burlington. Kobilinsky, L, Liotti, TF & Sweat, J 2005, DNA: Forensic and legal applications, John Wiley & Sons, New Jersey. Lee, HC & Harris, HA 2000, Physical evidence in forensic science, Lawyers & Judges Publishing Company, Tucson. Turvey, BE 2008, Criminal profiling: An introduction into behavioral evidence analysis, Academic press, London. Vanderkolk, JR 2009, Forensic comparative science, Elsevier academic press, Burlington. Read More