Dna Testing And The Second Amendment - 1276 Words

DNA AS EVIDENCE DNA testing was first used in criminal prosecutions in 1985 and is now admissible in all states. (Hails, 184) Scientific and legal communities seem to universally accept the use of DNA as â€Å"good† evidence. Questions could arise regarding testing procedures. There are several testing methods that have been proven reliable and easily pass general acceptance and scientific validity tests. This is causes number of Daubert cases questioning DNA to decline. â€Å"In most cases, the tests that are used are well established and do not require a separate hearing† (Hails, 160) Once it is established the testing method used passes the Daubert test, the court must determine admissibility based on the Fourth Amendment. The Fourth Amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (US Const.) â€Å"In United States v Davis, Earl Davis was shot and while being treated for his gunshot wound, the Howard County Police Department (HCPD) in Maryland collected his clothing and logged it along with records of Davis’s arrest. The next year the nearby Prince George’s County Police Department (PGCPD) suspected Davis of a murder and obtained the clothes that HCPD had previously collected. PGCPD thenShow MoreRelatedThe Case Of Maryland V King1670 Words   |  7 PagesFourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutiona l and does not violate the Fourth Amendment; a decision that will forever change the way DNA testingRead MoreCase Analysis : Mary Sullivan s Body1278 Words   |  6 Pagesassault done before Boston killings. Many new methods of DNA analysis have emerged since Jeffrey’s’ work. Using new technologies such as mtDNA testing and familial searching have helped analyze DNA evidence in old cases and have provided answers to questions of guilt and remove lingering doubts of strangler of Boston. The two techniques that opened the door to Mary Sullivan’s killer was mitochondrial DNA and Familial DNA. Mitochondrial DNA tests DNA from the mitochondria of a human cell. Humans inheritRead MoreThe Death Penalty Should Be Abolished1412 Words   |  6 Pageshave any false convictions that happened to be proven falsely through DNA testing. Stuart Taylor Jr. wrote an article in the National Journal in 2007 says that the irrefutable DNA testing results exonerated over two hundred men—fifteen from death row in the 1990’s (procon.org). Some say DNA testing is costly. I disagree with that viewpoint. DNA testing assist in the avoidance in the conviction of the innocent. The cost of testing parallel to incarceration of the innocent over-time should be lesserRead MoreThe Death Penalty And The Criminal Justice System1475 Words   |  6 Pagesconvictions eyewitness identification, improper DNA testing, and false confessions. The Innocence Project is a project working to free the innocent and bring awareness to the issue of wrongful convictions around the world. In this page reports, that the percentage of exoneration cases are 235 involving eyewitness misidentification (The Innocence Project). Eyewitness misidentification is the highest contributing cause to wrongful convictions proven by DNA testing. There are three types of eyewitness identificationRead MoreThe s New Ordinance For Each Basis Will She Win?1729 Words   |  7 Pagesrequest for injunction on the following grounds: (1) that the ordinance violated her Fourth Amendment rights to be free from search and seizure; (2) that the ordinance violates her rights to Due Process and Equal Protection under the 5th and 14th Amendments; and, (3) that the ordinance will force Fang to give up her possessory right in her bodily tissue and blood samples. A. Violation of Fourth Amendment Right To Unreasonable Search and Seizure Fang will likely first want to challenge the ordinanceRead MoreThe Evolution of Warrantless Searches With Alcohol, Blood, And DNA With the creation of the2200 Words   |  9 Pages The Evolution of Warrantless Searches With Alcohol, Blood, And DNA With the creation of the First Congress, framers manifested the Fourth Amendment to provide sufficient privacy standards for the citizens of the United States of America. Framers upheld the 4th Amendment to sustain a functioning government-governed relationship, where officials respect individuals’ privacy and rights. During the First Congress, framers explicitly granted, â€Å"the right of the people to be secureRead MoreCapital Punishment And The Death Penalty1708 Words   |  7 Pagesdeath penalty travelled around the world, it became very popular in America leading to many Supreme Court cases and protests. Endlessly, people have argued their viewpoints about whether the death penalty is constitutional in relation to the 8th amendment which states no â€Å"cruel or unusual† punishment. Politicians from every state including Harry Reid and Nancy Pelosi, have commented their personal views on the death penalty making it a very public dispute. Capital punishment is a very popular subjectRead MoreThe Death Penalty Is The United States Justice System1542 Words   |  7 Pageswere wrongfully killed! With the arrival of DNA testing in the mid 80’s, by 1992, 17 death row inmates in the US where acquitted and released. The sad fact remains that all capital punishment cases don’t have DNA evidence, in fact many do not. It is terrif ying to contemplate that whether a person lives or dies can be determined based on eyewitness testimony. The innocence Project researchers report that 73% of 239 convictions reversed because of DNA, were based on eyewitness testimony. The onlyRead MoreThe Case Of James Richardson2785 Words   |  12 PagesJames Bain who spent 35 years in prison (which is the longest time served by anyone who has been wrongfully convicted) for being wrongfully accused of multiple crimes including rape and was sent to prison for life only to finally be granted the use of DNA evidence review for his case which eventually was the deciding factor that gave him his freedom back. The case of Daryl Burton sickens many people to the core after he served 24 years in prison after being charged with murder. It was later found outRead MoreThe Death Penalty Is Not Justice1509 Words   |  7 Pageseighth amendment. â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury†¦; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb†¦ nor be deprived of life, liberty, or property, without due process of law†¦Ã¢â‚¬  (Constitution 1). It is often argued that the death penalty should be continued because of the establishment of the eighth amendment. However, the eighth amendment contradicts