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Should we rely on this science in court?



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Published Date: 28 April 2008
By JOHN FORSYTH
THE founder of the Forensic Institute, which aims to improve the understanding of scientific evidence, talks to JOHN FORSYTH.
THE collapse of the Omagh bomb trial last year set off a seismic shock in the UK forensic science community. When Justice Weir attacked the prosecution's scientific evidence, the standing of DNA profiling as the gold standard of evidence was shatter...



The full article contains 1161 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 27 April 2008 6:31 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Legal Issues
 
1

Guga II,

Rockall 28/04/2008 02:27:37
It sounds as if the Scottish Government needs to sort this mess out, as the way things are described in the above article, the Scottish Justice system leaves a lot to be desired.
2

Alternative (High Octane) Fuel Head,

Edinburgh 28/04/2008 13:32:10
DNA evidence never has been conclusive, in the same way that fingerprint evidence never has.

All DNA evidence does is say that at some point in time, a certain person is "quite likely" to have been in a given location. That is all. What if you had visited a house and the next day a murder was committed there? When they find your DNA does that automatcally make you a suspect? Of course not.

This is not the only area where forensic science can be mis-understood. I wonder how many people have been convicted of drugs offences having handled banknotes previously used to snort cocaine? People have certainly been wrongly convicted of offences involving explosives due to similar principles.
3

Caora Dubh,

Croit sheasgair 28/04/2008 15:18:07
The major problem is that the polymerase chain reaction (PCR) used to replicate DNA samples so that they can undergo assaying, is extremely susceptible to contamination. Highly reputable journals have published papers from research groups claiming to find this or that segment of DNA inside the genome of a plant, animal or human, only for such work to be contested and finally withdrawn due to contamination. PCR laboratories need to work to extraordinarily high standards, and need to regularly conduct tests to measure the background contagion in their labs. Ideally in a criminal forensic PCR lab the relevant repeat sections of DNA used for specimen identification should also be known for every single member of the laboratory staff, so that contamination can be quickly spotted and discounted.
4

freethekillie2,

kilmarnock 28/04/2008 15:25:44
DNA does that automatcally make you a suspect? Of course not.

and dna that does not belong to you and also footprints does.
acording to the crown.

http://gopetition.com/petitions/grant-disclosure-to-scottish-defendants.html


5

Caora Dubh,

Croit sheasgair 28/04/2008 15:31:26
The RFU limit needs to be scientifically investigated and significance levels set. In principle the relative heights of the peaks (their RFU numbers), should be related to the original proportions of their original quantities in the replicated sample. I expect 100% of samples to be contaminated with DNA from sources other than the subjects, e.g. from bacteria. The only question is in LCN cases at what point, if any, does the contamination invalidate the sample identification? For example, it may be possible to prove that a sample from someone's spittle contains both their own DNA, that of someone whom they have kissed, plus numerous bacteria. All criminal forensic PCR laboratories should make it mandatory for laboratories to test samples of known provenance that are almost identical to those of suspects. For example, if a sample has been taken from the rim of a teacup in a restaurant, then a known innocent person should drink from an identical cup, and the sample be subjected to exactly the same PCR techniques. This way there is a properly controlled experiment that will illuminate DNA contamination. Capisco, forensic scientists?!
6

Parli Italiano?,

Edinburgh 28/04/2008 17:10:49
Clearly whatever website you copied all that from wasn't able to help you with Italian:

Capisco = 'I understand'

I think you meant to say 'Capiscete' = '(Do) you (pl.) understand'

A bit crass unfortunately.
7

2Right,

On Location 28/04/2008 23:16:11
They could save themselves fortunes by doing the proper groundwork before trial, Not like some lawyers who choose to not interview witnesses before trials.
Cost should not be limited when matters of proper justice are at stake.
Take the videos of Lord Advocate here for an example:

http://www.youtube.com/watch?v=-x11rHMJskY

http://www.youtube.com/watch?v=ebOQ8jhw-9g

Clearly she is aware of the need for disclosure of crowns case to accused yet:

Daily we are still seeing applications of commission and dilligence costing absolute fortunes to the legal aid, because Crown will not release pertinent and key material that Privy Council say must be released (Holland & Sinclair) and our Courts are allowing her to get away with this


 

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