International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online
Excerpt - Georgetown Undergraduate Law Reviewmdespardmoore
This summary provides an overview of the document:
1) The document is the first issue of the Georgetown University Undergraduate Law Review from Spring 2014. It lists the editorial board and staff and their roles.
2) The main article analyzes two Supreme Court cases, Maryland v. King and United States v. Jones, regarding privacy issues related to modern technology. It examines the differing views among the justices on interpreting privacy under the Fourth Amendment.
3) The article briefly discusses a potential future Supreme Court case, United States v. Muhtorov, challenging the NSA's warrantless surveillance program, and predicts a five to four decision against the program.
Waiver of Privilege for Documents Inadvertently Disclosed During DiscoveryAndrew N. Plasz
The document discusses the law around inadvertent disclosure of privileged documents in Illinois courts. It explains that courts in Illinois follow a three-part test to determine if an inadvertently disclosed document remains privileged: 1) Does the privilege apply to the document? 2) Was the disclosure inadvertent or voluntary? 3) If inadvertent, was the privilege nonetheless waived? It then reviews the key considerations and tests (objective, subjective, balancing) courts use to evaluate each part of this test. The document provides an overview of the complex, unsettled law governing inadvertent disclosure of privileged documents in Illinois.
This document is a court opinion from the District Court of Appeal of Florida regarding a petition for writ of certiorari filed by Andrea Kidder seeking to quash a discovery order requiring her to disclose the results of a blood alcohol test. The court denied the petition, finding that under Florida Rule of Criminal Procedure 3.220(d)(1)(B)(ii), Kidder was required to disclose the results of the scientific blood alcohol test to the prosecution as part of the reciprocal discovery process after electing to participate in discovery. The court rejected Kidder's argument that the test results were protected work product, determining that the rule requires disclosure of scientific test results regardless of whether the expert conducting the test will be called as a witness.
The document discusses the authentication of electronic evidence in court. It notes that electronic documents and data come in many forms and present new issues for admissibility. It outlines five hurdles for admitting electronic evidence: relevance, authenticity, hearsay, original writing rule, and unfair prejudice. It focuses on authenticating electronic evidence by establishing its source and demonstrating that it has not been altered. Methods discussed include testimony from witnesses with knowledge, forensic experts, hash values, and maintaining a clear chain of custody for electronic data.
Appreciation of Electronic Evidence-PDFTalwant Singh
The document discusses electronic evidence or e-evidence. It defines e-evidence as any probative information stored or transmitted digitally that may be used in court. It notes that courts must determine if e-evidence is relevant, authentic, and not hearsay, and if the original is required. Common forms of e-evidence include emails, photos, records, documents and files. Indian law has been updated to recognize e-evidence, including provisions for admissibility and authentication of digital records. Courts have accepted various forms of e-evidence in several cases.
Boston Police Officers' Cocaine Drug Testing Appeals Overturned by State Boar...Umesh Heendeniya
Boston Police Officers' (Officers Preston Thompson, Richard Beckers, Ronnie Jones, Jacqueline McGowan, Oscar Bridgeman, Shawn Harris, Walter Washington, Willaim Bridgeforth, George Downing, and Rudy Guity) Cocaine Drug Testing Appeals Overturned by State Board and Officers are Reinstated.
Excerpt - Georgetown Undergraduate Law Reviewmdespardmoore
This summary provides an overview of the document:
1) The document is the first issue of the Georgetown University Undergraduate Law Review from Spring 2014. It lists the editorial board and staff and their roles.
2) The main article analyzes two Supreme Court cases, Maryland v. King and United States v. Jones, regarding privacy issues related to modern technology. It examines the differing views among the justices on interpreting privacy under the Fourth Amendment.
3) The article briefly discusses a potential future Supreme Court case, United States v. Muhtorov, challenging the NSA's warrantless surveillance program, and predicts a five to four decision against the program.
Waiver of Privilege for Documents Inadvertently Disclosed During DiscoveryAndrew N. Plasz
The document discusses the law around inadvertent disclosure of privileged documents in Illinois courts. It explains that courts in Illinois follow a three-part test to determine if an inadvertently disclosed document remains privileged: 1) Does the privilege apply to the document? 2) Was the disclosure inadvertent or voluntary? 3) If inadvertent, was the privilege nonetheless waived? It then reviews the key considerations and tests (objective, subjective, balancing) courts use to evaluate each part of this test. The document provides an overview of the complex, unsettled law governing inadvertent disclosure of privileged documents in Illinois.
This document is a court opinion from the District Court of Appeal of Florida regarding a petition for writ of certiorari filed by Andrea Kidder seeking to quash a discovery order requiring her to disclose the results of a blood alcohol test. The court denied the petition, finding that under Florida Rule of Criminal Procedure 3.220(d)(1)(B)(ii), Kidder was required to disclose the results of the scientific blood alcohol test to the prosecution as part of the reciprocal discovery process after electing to participate in discovery. The court rejected Kidder's argument that the test results were protected work product, determining that the rule requires disclosure of scientific test results regardless of whether the expert conducting the test will be called as a witness.
The document discusses the authentication of electronic evidence in court. It notes that electronic documents and data come in many forms and present new issues for admissibility. It outlines five hurdles for admitting electronic evidence: relevance, authenticity, hearsay, original writing rule, and unfair prejudice. It focuses on authenticating electronic evidence by establishing its source and demonstrating that it has not been altered. Methods discussed include testimony from witnesses with knowledge, forensic experts, hash values, and maintaining a clear chain of custody for electronic data.
Appreciation of Electronic Evidence-PDFTalwant Singh
The document discusses electronic evidence or e-evidence. It defines e-evidence as any probative information stored or transmitted digitally that may be used in court. It notes that courts must determine if e-evidence is relevant, authentic, and not hearsay, and if the original is required. Common forms of e-evidence include emails, photos, records, documents and files. Indian law has been updated to recognize e-evidence, including provisions for admissibility and authentication of digital records. Courts have accepted various forms of e-evidence in several cases.
Boston Police Officers' Cocaine Drug Testing Appeals Overturned by State Boar...Umesh Heendeniya
Boston Police Officers' (Officers Preston Thompson, Richard Beckers, Ronnie Jones, Jacqueline McGowan, Oscar Bridgeman, Shawn Harris, Walter Washington, Willaim Bridgeforth, George Downing, and Rudy Guity) Cocaine Drug Testing Appeals Overturned by State Board and Officers are Reinstated.
The document discusses DNA forensic studies and DNA databases. It summarizes that experts conclude DNA forensic expertise should be extended beyond specialists to all law enforcement and the public. DNA can help solve cases but more evidence is sometimes needed to secure a conviction. DNA databases can help solve crimes but also raise privacy concerns as innocent people's DNA could be tracked. The pros and cons of DNA databanks are debated as they could help solve crimes but may invade privacy.
Critical Analysis of Admissibility of Forensic Evidence in the Indian Crimina...ijtsrd
is believed that forensics plays an important role in finding out the criminal and it has been legally operated. Forensic is a process by which it helps in the discovery of the crime and the criminal. The admissibility of evidence by the forensic experts and their analysis of a particular crime can be done in accordance with the evidence law. The forensic experts play an important role by following certain techniques by collecting the particular materials from the crime scene and preserving them further to investigate the crime. The collected materials will be categorized by the forensic experts which in turn helps to find the crime. In certain circumstances, the collection and preservation of the materials are not done by the experts properly as to a lack of knowledge or the influence of the external elements. Further, there are certain legal constraints in accordance with the criminal investigation being carried out by the experts and the officials. The legal constraints start from the discovery, search, and protection of forensic evidence till the investigation. This affects the proper legal action against the criminal and the evidence which are supposed to be produced in the court of law. The researcher would analyse the admissibility of evidence in a court of law as to its relevance, authenticity, and issue on it as evidence is subject to the legal constraints and its applicability of it. Nanda Kishore M "Critical Analysis of Admissibility of Forensic Evidence in the Indian Criminal Justice System" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-3 , April 2022, URL: https://www.ijtsrd.com/papers/ijtsrd49788.pdf Paper URL: https://www.ijtsrd.com/other-scientific-research-area/other/49788/critical-analysis-of-admissibility-of-forensic-evidence-in-the-indian-criminal-justice-system/nanda-kishore-m
CONTROVERSIAL TECHNOLOGY 1
CONTROVERSIAL TECHNOLOGY 4
DNA Testing Technology
Union Institute & University
Controversial Issues Involving Technology
Abstract
The scientific progression of DNA profiling, DNA typing, and DNA testing in the past 60 years has markedly changed the role of forensic science in crime control. The use of DNA in forensic science has created a hotly contested conversation regarding the role of science in criminal justice, the validity of science in law, and the right to privacy. This paper will explore the history of both DNA profiling in both the scientific community and forensic science, it will explore the validity of the role of DNA science in law, and it will evaluate the benefits and consequences of DNA profiling on individual privacy and the impact to crime management.
The history of DNA profiling is traced back to both the continued scientific understanding of DNA and the understanding of science as “fact” in law. Not only do we need to understand the progression of DNA in science, but we also need to understand when science found a place in law, specifically forensics. In order to better understand the benefits and effects of DNA profiling you must recognize both how DNA has evolved in science and where it began to find its place in law. After understanding these two pieces of information we can then look into how it’s made an impact in the world of crime management.
Though the double helix structure was discovered by James Watson in the 21st century, the history of DNA can be traced back to Gregor Mendel. In 1886 Gregor Mendel published a paper titled, “Experiments in Plant Hybridization” where he found the fundamental laws of inheritance. This was the first claim in science that recognized patterns from one generation to the next (Mendel, 1886). According to Michael Lynch, “it was ignored by the scientific community for another thirty-four years” (Lynch, 2011, p.5). Mendel’s work led to the scientific community’s attention in genes. This attention eventually led to the discovery of the double-helix by Watson in 1962 (Murphy, 2005). The double helix gives a format for what the previous knowledge science had developed about the cell.
We understand DNA as follows: Both strands of double-stranded DNA store the same biological information. This information is replicated as and when the two strands separate. A large part of DNA (more than 98% for humans) is non-coding, meaning that these sections do not serve as patterns for protein sequences…RNA strands are created using DNA strands as a template in a process called transcription. Under the genetic code, these RNA strands specify the sequence of amino acids within proteins in a process called translation (2019).
DNA research and the work of the double helix structure and research on DNA and RNA leads us to the understanding that the human body contains a particularly sequence of codining. This coding lives ...
The document discusses DNA evidence and its role in crime investigation and solving cases. It provides details on how DNA profiling works, including how short tandem repeats are used to generate DNA profiles that can identify individuals. The use of DNA databases like CODIS is also discussed, as they allow law enforcement to match crime scene DNA to profiles of suspects and help solve more cases. Advancements in DNA technology and growing DNA databases have helped exonerate innocent individuals and identify criminals in many cases over the years.
Running head RESEARCH REPORT TOPIC OUTLINERESEARCH REPORT TOPIC.docxtoltonkendal
Running head: RESEARCH REPORT TOPIC OUTLINE
RESEARCH REPORT TOPIC OUTLINE 5
Research report topic outline
Name of student
Course
Name of professor
Date of submission
Part 1A
Real or physical evidence
Physical evidence refers to anything that can be used as prove to a crime that happened and is connected to the criminal. Some examples of physical evidence include a knife that has blood on it, shoe impression, fingerprints, DNA, weapons, documents or glass. Real evidence describes evidence that is tangible and is often used interchangeably with physical evidence.
It is used to describe the items that are collected as prove arguments at a trial or hearing. Physical evidence has a wide variety of issues. This research report will focus on exploring fingerprints and DNA as aspects of physical evidence. The report will also examine the strategies, advancements and innovations in the criminal evidence regarding to fingerprints and DNA.
A search for fingerprints is usually done on a body before it is moved to the mortuary since it is also a source of physical evidence. The technology used in collecting the fingerprints and analyzing them has been refined from one decade to the other. Fingerprints are necessary as individualizing evidence since they can link an individual to crime due to their uniqueness. There are no people who have the same fingerprints.
Identification is made when a fingerprint from a crime scene is linked to another one from a suspect or a database. DNA is a new technology that allows the crime investigators to match the biological samples acquired from a crime scene to a criminal. DNA evidence is admissible in court and therefore is frequently used. The evidence is linked to DNA profiles of offenders through national, state and local DNA databases known as the Combined DNA Index System (CODIS).
Part 1B- Tier 1
Selected topic name
Real or physical evidence
Definition of key terms
Physical evidence -Involves objects that are found at the scene of a crime.
Real evidence-Describes evidence that is tangible and is often used interchangeably with physical evidence
Fingerprints- used as individualizing evidence since they can link an individual to crime due to their uniqueness.
DNA-A new technology that allows the crime investigators to match the biological samples acquired from a crime scene to a criminal.
Crime scene-A place that is under investigation because a crime took place at that location
A criminal-An individual who is guilty of a crime
History
During the late 1980’s and early 90’s, States started passing laws that required offenders convicted of several offenses to give their DNA samples. The DNA samples could be used to identify the criminal and their link with the offense they have been convicted of committing. Currently, all States and federal government have passed laws that require the provision of DNA samples for some categories of criminals. Fingerprint identification was developed for offender’s ...
InstructionsW4 Nightingale Case A & B – 35 points - Individual A.docxdirkrplav
Instructions
W4 Nightingale Case A & B – 35 points - Individual Assignment
As indicated in the syllabus, it is important to demonstrate knowledge of MS Project. Week 4 includes using the software and interpreting the results as follows:
1. Read the Nightingale Project - LG textbook pg 333-335
2. Review MS Project Video Tutorials (Lessons/Course Materials/Support Videos) and complete the Case for both Part A and Case Part B.
3. Submit two separate MS Project .mpp files (one for part A and one for part B). Remember to submit the appropriate “view” reflecting all applicable columns and content information.
4. Submit MS Word file to specifically answer all questions for both parts (part A questions 1-3 & part B questions 1-4).
5. Ensure you document the version of MS Project you are using in the submission comments field.
Hints:
You should read ALL instructions in the case and case technical details before you start the Project file.
You may want to set up the Project file ex: start date, holidays, work days, etc. before entering in any tasks.
Ensure the project name is on the first line of the Project file and all other tasks as detailed in the case are indented just once.
The predecessor numbers for all subtasks will then be one higher than in the text as the first line (main task) is now the Project name.
The lag mentioned in the case A section is plus lag.
analyze certain bodily substances and compare them widi a sample from a suspect.
Forensic science consultant Richard Saferstein tells us that portions of the DNA structure are as unique to each individual as fingerprints. He writes that inside each of the 60 trillion cells in the human body are strands of genetic material called chromosomes. Arranged along the chromosomes, like beads on a thread, are nearly 100,000 genes. Genes are the fundamental unit of heredity. They instruct the body cells to make proteins drat determine everydiing from hair color to susceptibility to diseases. Each gene is actually composed of DNA specifically designed to carry out a single body function. Scientists have determined that DNA is die substance by which genetic instructions are passed from one generation to the next. (Saferstein 353-394)
DNA profiling has helped investigators solve crimes and ensure that diose guilty of crimes are convicted in court. Profiling is the examination of DNA samples from a body substance or fluid to determine whether they came from a particular subject. For example, semen on a rape victim's clothing can be positively or negatively compared with a suspect's semen.
police laboratories. Smaller departments may contract with large county crime labs or state police crime labs. Some departments use die services of the FBI lab. (Durose 1)
Private (nongovernment) labs are taking on greater importance in the U.S. legal system. Their analyses are increasingly being introduced into criminal and civil trials, often not only as evidence but also to contradict evidence presented by .
concept real evidence and criminal investigationwadani388098
Real evidence consists of physical items involved in a criminal case that a jury can examine, such as fingerprints, blood samples, weapons, or other objects related to the crime. To be admitted in court, real evidence must be relevant, material, and authenticated through establishing a clear chain of custody. Fingerprint evidence can play an important role by linking suspects to crime scenes or ruling them out through fingerprint database matching. DNA fingerprinting reveals an individual's unique genetic makeup and is used for criminal identification, determining biological relationships, and medical purposes such as matching organ donors.
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
DNA analysis is a technique used to identify individuals by examining unique DNA sequences in their genomes. DNA profiles are created by scanning 13 specific regions of DNA and comparing samples from crime scenes to those of suspects. If the profiles match, it suggests the suspect was likely involved in the crime. DNA evidence has helped convict many criminals but also exonerate innocent people wrongly accused. Its use has prompted new laws regarding DNA collection and databases to solve crimes.
In the rapidly evolving landscape of technologies, XML continues to play a vital role in structuring, storing, and transporting data across diverse systems. The recent advancements in artificial intelligence (AI) present new methodologies for enhancing XML development workflows, introducing efficiency, automation, and intelligent capabilities. This presentation will outline the scope and perspective of utilizing AI in XML development. The potential benefits and the possible pitfalls will be highlighted, providing a balanced view of the subject.
We will explore the capabilities of AI in understanding XML markup languages and autonomously creating structured XML content. Additionally, we will examine the capacity of AI to enrich plain text with appropriate XML markup. Practical examples and methodological guidelines will be provided to elucidate how AI can be effectively prompted to interpret and generate accurate XML markup.
Further emphasis will be placed on the role of AI in developing XSLT, or schemas such as XSD and Schematron. We will address the techniques and strategies adopted to create prompts for generating code, explaining code, or refactoring the code, and the results achieved.
The discussion will extend to how AI can be used to transform XML content. In particular, the focus will be on the use of AI XPath extension functions in XSLT, Schematron, Schematron Quick Fixes, or for XML content refactoring.
The presentation aims to deliver a comprehensive overview of AI usage in XML development, providing attendees with the necessary knowledge to make informed decisions. Whether you’re at the early stages of adopting AI or considering integrating it in advanced XML development, this presentation will cover all levels of expertise.
By highlighting the potential advantages and challenges of integrating AI with XML development tools and languages, the presentation seeks to inspire thoughtful conversation around the future of XML development. We’ll not only delve into the technical aspects of AI-powered XML development but also discuss practical implications and possible future directions.
For the full video of this presentation, please visit: https://www.edge-ai-vision.com/2024/06/building-and-scaling-ai-applications-with-the-nx-ai-manager-a-presentation-from-network-optix/
Robin van Emden, Senior Director of Data Science at Network Optix, presents the “Building and Scaling AI Applications with the Nx AI Manager,” tutorial at the May 2024 Embedded Vision Summit.
In this presentation, van Emden covers the basics of scaling edge AI solutions using the Nx tool kit. He emphasizes the process of developing AI models and deploying them globally. He also showcases the conversion of AI models and the creation of effective edge AI pipelines, with a focus on pre-processing, model conversion, selecting the appropriate inference engine for the target hardware and post-processing.
van Emden shows how Nx can simplify the developer’s life and facilitate a rapid transition from concept to production-ready applications.He provides valuable insights into developing scalable and efficient edge AI solutions, with a strong focus on practical implementation.
In his public lecture, Christian Timmerer provides insights into the fascinating history of video streaming, starting from its humble beginnings before YouTube to the groundbreaking technologies that now dominate platforms like Netflix and ORF ON. Timmerer also presents provocative contributions of his own that have significantly influenced the industry. He concludes by looking at future challenges and invites the audience to join in a discussion.
Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
Why You Should Replace Windows 11 with Nitrux Linux 3.5.0 for enhanced perfor...SOFTTECHHUB
The choice of an operating system plays a pivotal role in shaping our computing experience. For decades, Microsoft's Windows has dominated the market, offering a familiar and widely adopted platform for personal and professional use. However, as technological advancements continue to push the boundaries of innovation, alternative operating systems have emerged, challenging the status quo and offering users a fresh perspective on computing.
One such alternative that has garnered significant attention and acclaim is Nitrux Linux 3.5.0, a sleek, powerful, and user-friendly Linux distribution that promises to redefine the way we interact with our devices. With its focus on performance, security, and customization, Nitrux Linux presents a compelling case for those seeking to break free from the constraints of proprietary software and embrace the freedom and flexibility of open-source computing.
“An Outlook of the Ongoing and Future Relationship between Blockchain Technologies and Process-aware Information Systems.” Invited talk at the joint workshop on Blockchain for Information Systems (BC4IS) and Blockchain for Trusted Data Sharing (B4TDS), co-located with with the 36th International Conference on Advanced Information Systems Engineering (CAiSE), 3 June 2024, Limassol, Cyprus.
A tale of scale & speed: How the US Navy is enabling software delivery from l...sonjaschweigert1
Rapid and secure feature delivery is a goal across every application team and every branch of the DoD. The Navy’s DevSecOps platform, Party Barge, has achieved:
- Reduction in onboarding time from 5 weeks to 1 day
- Improved developer experience and productivity through actionable findings and reduction of false positives
- Maintenance of superior security standards and inherent policy enforcement with Authorization to Operate (ATO)
Development teams can ship efficiently and ensure applications are cyber ready for Navy Authorizing Officials (AOs). In this webinar, Sigma Defense and Anchore will give attendees a look behind the scenes and demo secure pipeline automation and security artifacts that speed up application ATO and time to production.
We will cover:
- How to remove silos in DevSecOps
- How to build efficient development pipeline roles and component templates
- How to deliver security artifacts that matter for ATO’s (SBOMs, vulnerability reports, and policy evidence)
- How to streamline operations with automated policy checks on container images
Observability Concepts EVERY Developer Should Know -- DeveloperWeek Europe.pdfPaige Cruz
Monitoring and observability aren’t traditionally found in software curriculums and many of us cobble this knowledge together from whatever vendor or ecosystem we were first introduced to and whatever is a part of your current company’s observability stack.
While the dev and ops silo continues to crumble….many organizations still relegate monitoring & observability as the purview of ops, infra and SRE teams. This is a mistake - achieving a highly observable system requires collaboration up and down the stack.
I, a former op, would like to extend an invitation to all application developers to join the observability party will share these foundational concepts to build on:
More Related Content
Similar to International Journal of Humanities and Social Science Invention (IJHSSI)
The document discusses DNA forensic studies and DNA databases. It summarizes that experts conclude DNA forensic expertise should be extended beyond specialists to all law enforcement and the public. DNA can help solve cases but more evidence is sometimes needed to secure a conviction. DNA databases can help solve crimes but also raise privacy concerns as innocent people's DNA could be tracked. The pros and cons of DNA databanks are debated as they could help solve crimes but may invade privacy.
Critical Analysis of Admissibility of Forensic Evidence in the Indian Crimina...ijtsrd
is believed that forensics plays an important role in finding out the criminal and it has been legally operated. Forensic is a process by which it helps in the discovery of the crime and the criminal. The admissibility of evidence by the forensic experts and their analysis of a particular crime can be done in accordance with the evidence law. The forensic experts play an important role by following certain techniques by collecting the particular materials from the crime scene and preserving them further to investigate the crime. The collected materials will be categorized by the forensic experts which in turn helps to find the crime. In certain circumstances, the collection and preservation of the materials are not done by the experts properly as to a lack of knowledge or the influence of the external elements. Further, there are certain legal constraints in accordance with the criminal investigation being carried out by the experts and the officials. The legal constraints start from the discovery, search, and protection of forensic evidence till the investigation. This affects the proper legal action against the criminal and the evidence which are supposed to be produced in the court of law. The researcher would analyse the admissibility of evidence in a court of law as to its relevance, authenticity, and issue on it as evidence is subject to the legal constraints and its applicability of it. Nanda Kishore M "Critical Analysis of Admissibility of Forensic Evidence in the Indian Criminal Justice System" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-6 | Issue-3 , April 2022, URL: https://www.ijtsrd.com/papers/ijtsrd49788.pdf Paper URL: https://www.ijtsrd.com/other-scientific-research-area/other/49788/critical-analysis-of-admissibility-of-forensic-evidence-in-the-indian-criminal-justice-system/nanda-kishore-m
CONTROVERSIAL TECHNOLOGY 1
CONTROVERSIAL TECHNOLOGY 4
DNA Testing Technology
Union Institute & University
Controversial Issues Involving Technology
Abstract
The scientific progression of DNA profiling, DNA typing, and DNA testing in the past 60 years has markedly changed the role of forensic science in crime control. The use of DNA in forensic science has created a hotly contested conversation regarding the role of science in criminal justice, the validity of science in law, and the right to privacy. This paper will explore the history of both DNA profiling in both the scientific community and forensic science, it will explore the validity of the role of DNA science in law, and it will evaluate the benefits and consequences of DNA profiling on individual privacy and the impact to crime management.
The history of DNA profiling is traced back to both the continued scientific understanding of DNA and the understanding of science as “fact” in law. Not only do we need to understand the progression of DNA in science, but we also need to understand when science found a place in law, specifically forensics. In order to better understand the benefits and effects of DNA profiling you must recognize both how DNA has evolved in science and where it began to find its place in law. After understanding these two pieces of information we can then look into how it’s made an impact in the world of crime management.
Though the double helix structure was discovered by James Watson in the 21st century, the history of DNA can be traced back to Gregor Mendel. In 1886 Gregor Mendel published a paper titled, “Experiments in Plant Hybridization” where he found the fundamental laws of inheritance. This was the first claim in science that recognized patterns from one generation to the next (Mendel, 1886). According to Michael Lynch, “it was ignored by the scientific community for another thirty-four years” (Lynch, 2011, p.5). Mendel’s work led to the scientific community’s attention in genes. This attention eventually led to the discovery of the double-helix by Watson in 1962 (Murphy, 2005). The double helix gives a format for what the previous knowledge science had developed about the cell.
We understand DNA as follows: Both strands of double-stranded DNA store the same biological information. This information is replicated as and when the two strands separate. A large part of DNA (more than 98% for humans) is non-coding, meaning that these sections do not serve as patterns for protein sequences…RNA strands are created using DNA strands as a template in a process called transcription. Under the genetic code, these RNA strands specify the sequence of amino acids within proteins in a process called translation (2019).
DNA research and the work of the double helix structure and research on DNA and RNA leads us to the understanding that the human body contains a particularly sequence of codining. This coding lives ...
The document discusses DNA evidence and its role in crime investigation and solving cases. It provides details on how DNA profiling works, including how short tandem repeats are used to generate DNA profiles that can identify individuals. The use of DNA databases like CODIS is also discussed, as they allow law enforcement to match crime scene DNA to profiles of suspects and help solve more cases. Advancements in DNA technology and growing DNA databases have helped exonerate innocent individuals and identify criminals in many cases over the years.
Running head RESEARCH REPORT TOPIC OUTLINERESEARCH REPORT TOPIC.docxtoltonkendal
Running head: RESEARCH REPORT TOPIC OUTLINE
RESEARCH REPORT TOPIC OUTLINE 5
Research report topic outline
Name of student
Course
Name of professor
Date of submission
Part 1A
Real or physical evidence
Physical evidence refers to anything that can be used as prove to a crime that happened and is connected to the criminal. Some examples of physical evidence include a knife that has blood on it, shoe impression, fingerprints, DNA, weapons, documents or glass. Real evidence describes evidence that is tangible and is often used interchangeably with physical evidence.
It is used to describe the items that are collected as prove arguments at a trial or hearing. Physical evidence has a wide variety of issues. This research report will focus on exploring fingerprints and DNA as aspects of physical evidence. The report will also examine the strategies, advancements and innovations in the criminal evidence regarding to fingerprints and DNA.
A search for fingerprints is usually done on a body before it is moved to the mortuary since it is also a source of physical evidence. The technology used in collecting the fingerprints and analyzing them has been refined from one decade to the other. Fingerprints are necessary as individualizing evidence since they can link an individual to crime due to their uniqueness. There are no people who have the same fingerprints.
Identification is made when a fingerprint from a crime scene is linked to another one from a suspect or a database. DNA is a new technology that allows the crime investigators to match the biological samples acquired from a crime scene to a criminal. DNA evidence is admissible in court and therefore is frequently used. The evidence is linked to DNA profiles of offenders through national, state and local DNA databases known as the Combined DNA Index System (CODIS).
Part 1B- Tier 1
Selected topic name
Real or physical evidence
Definition of key terms
Physical evidence -Involves objects that are found at the scene of a crime.
Real evidence-Describes evidence that is tangible and is often used interchangeably with physical evidence
Fingerprints- used as individualizing evidence since they can link an individual to crime due to their uniqueness.
DNA-A new technology that allows the crime investigators to match the biological samples acquired from a crime scene to a criminal.
Crime scene-A place that is under investigation because a crime took place at that location
A criminal-An individual who is guilty of a crime
History
During the late 1980’s and early 90’s, States started passing laws that required offenders convicted of several offenses to give their DNA samples. The DNA samples could be used to identify the criminal and their link with the offense they have been convicted of committing. Currently, all States and federal government have passed laws that require the provision of DNA samples for some categories of criminals. Fingerprint identification was developed for offender’s ...
InstructionsW4 Nightingale Case A & B – 35 points - Individual A.docxdirkrplav
Instructions
W4 Nightingale Case A & B – 35 points - Individual Assignment
As indicated in the syllabus, it is important to demonstrate knowledge of MS Project. Week 4 includes using the software and interpreting the results as follows:
1. Read the Nightingale Project - LG textbook pg 333-335
2. Review MS Project Video Tutorials (Lessons/Course Materials/Support Videos) and complete the Case for both Part A and Case Part B.
3. Submit two separate MS Project .mpp files (one for part A and one for part B). Remember to submit the appropriate “view” reflecting all applicable columns and content information.
4. Submit MS Word file to specifically answer all questions for both parts (part A questions 1-3 & part B questions 1-4).
5. Ensure you document the version of MS Project you are using in the submission comments field.
Hints:
You should read ALL instructions in the case and case technical details before you start the Project file.
You may want to set up the Project file ex: start date, holidays, work days, etc. before entering in any tasks.
Ensure the project name is on the first line of the Project file and all other tasks as detailed in the case are indented just once.
The predecessor numbers for all subtasks will then be one higher than in the text as the first line (main task) is now the Project name.
The lag mentioned in the case A section is plus lag.
analyze certain bodily substances and compare them widi a sample from a suspect.
Forensic science consultant Richard Saferstein tells us that portions of the DNA structure are as unique to each individual as fingerprints. He writes that inside each of the 60 trillion cells in the human body are strands of genetic material called chromosomes. Arranged along the chromosomes, like beads on a thread, are nearly 100,000 genes. Genes are the fundamental unit of heredity. They instruct the body cells to make proteins drat determine everydiing from hair color to susceptibility to diseases. Each gene is actually composed of DNA specifically designed to carry out a single body function. Scientists have determined that DNA is die substance by which genetic instructions are passed from one generation to the next. (Saferstein 353-394)
DNA profiling has helped investigators solve crimes and ensure that diose guilty of crimes are convicted in court. Profiling is the examination of DNA samples from a body substance or fluid to determine whether they came from a particular subject. For example, semen on a rape victim's clothing can be positively or negatively compared with a suspect's semen.
police laboratories. Smaller departments may contract with large county crime labs or state police crime labs. Some departments use die services of the FBI lab. (Durose 1)
Private (nongovernment) labs are taking on greater importance in the U.S. legal system. Their analyses are increasingly being introduced into criminal and civil trials, often not only as evidence but also to contradict evidence presented by .
concept real evidence and criminal investigationwadani388098
Real evidence consists of physical items involved in a criminal case that a jury can examine, such as fingerprints, blood samples, weapons, or other objects related to the crime. To be admitted in court, real evidence must be relevant, material, and authenticated through establishing a clear chain of custody. Fingerprint evidence can play an important role by linking suspects to crime scenes or ruling them out through fingerprint database matching. DNA fingerprinting reveals an individual's unique genetic makeup and is used for criminal identification, determining biological relationships, and medical purposes such as matching organ donors.
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
DNA analysis is a technique used to identify individuals by examining unique DNA sequences in their genomes. DNA profiles are created by scanning 13 specific regions of DNA and comparing samples from crime scenes to those of suspects. If the profiles match, it suggests the suspect was likely involved in the crime. DNA evidence has helped convict many criminals but also exonerate innocent people wrongly accused. Its use has prompted new laws regarding DNA collection and databases to solve crimes.
Similar to International Journal of Humanities and Social Science Invention (IJHSSI) (10)
In the rapidly evolving landscape of technologies, XML continues to play a vital role in structuring, storing, and transporting data across diverse systems. The recent advancements in artificial intelligence (AI) present new methodologies for enhancing XML development workflows, introducing efficiency, automation, and intelligent capabilities. This presentation will outline the scope and perspective of utilizing AI in XML development. The potential benefits and the possible pitfalls will be highlighted, providing a balanced view of the subject.
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Robin van Emden, Senior Director of Data Science at Network Optix, presents the “Building and Scaling AI Applications with the Nx AI Manager,” tutorial at the May 2024 Embedded Vision Summit.
In this presentation, van Emden covers the basics of scaling edge AI solutions using the Nx tool kit. He emphasizes the process of developing AI models and deploying them globally. He also showcases the conversion of AI models and the creation of effective edge AI pipelines, with a focus on pre-processing, model conversion, selecting the appropriate inference engine for the target hardware and post-processing.
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Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
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International Journal of Humanities and Social Science Invention (IJHSSI)
1. International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org Volume 2 Issue 7ǁ July 2013ǁ PP.15-21
www.ijhssi.org 15 | P a g e
The Role of DNA in Criminal Investigation – Admissibility in
Indian Legal System and Future Perspectives
1
Dr. Nirpat Patel, 2
Vidhwansh K Gautaman 3
ShyamSundar Jangir
1, 2&3
Guest Lecturer at Department of Criminology & Forensic Science, Dr. Harisingh Gour Central University,
Sagar [M. P.]
ABSTRACT: DNA profiling is a technique by which an individual can be identified at molecular level. The
use of DNA evidence in criminal investigation has grown in recent years. DNA testing has helped low
enforcement identify criminals and solve difficult crime such as rape, murder and murder with rape etc. The
potential of DNA typing has made possible the resolution of immigration problems and complicated paternity
testing when the father is not available. Rapid identification of individuals in mass-disaster (man- made such as-
explosions) using DNA typing has also been possible .computerized DNA database for the identification of
criminal offenders have been created in some countries. DNA is a powerful investigative tool because, with the
exception of identical twins, no two people have the same DNA. In other words, the sequence or order of the
DNA building blocks is different in particular region of the cell, making each person’s DNA unique. No doubt,
DNA has great importance in criminal investigation cases such as-murder, rape, disputed paternity, man-made
disaster etc., still there is no specific provisions under Indian Evidence Act-1872 and Code of Criminal
Procedure -1973 to manage forensic science issues. This paper examines the science of DNA identification and
its use during criminal investigations and in criminal proceedings, including criminal trials, appeals and post-
conviction proceedings. It describes the main benefits and costs of the increasing role of DNA identification in
the criminal justice system with special emphasis to India. We hope that the challenges of DNA technologies
will be solve in future.
KEYWORDS: DNA Profiling, Inclusion, Exclusion, Inconclusive, Manupatra, IPC, Cr. P. C., Indian Evidence
Act and Criminal Justice System.
I. INTRODUCTION
DNA (Deoxyribonucleic acid), sometimes called the building block or genetic blueprint of life, was
first described by the scientists Francis H. C. Crick and James D. Watson in 1953. Crick and Watson identified
the double-helix structure of DNA, which resembles a twisted ladder, and established the role of DNA as the
material that makes up the genetic code of living organisms. The pattern of the compounds that constitute the
DNA of an individual life-form determines the development of that life-form. DNA is the same in every cell
throughout an individual's body, whether it is a skin cell, sperm cell, or blood cell. With the exception of
identical twins, no two individuals have the same DNA blueprint.
In DNA analysis for a criminal investigation, using highly sophisticated scientific equipment, first a
DNA molecule from the suspect is disassembled, and selected segments are isolated and measured. Then the
suspect's DNA profile is compared with one derived from a sample of physical evidence to see whether the two
match. If a conclusive non-match occurs, the suspect may be eliminated from consideration. If a match occurs, a
statistical analysis is performed to determine the probability that the sample of physical evidence came from
another person with the same DNA profile as the suspect's. Juries use this statistical result in determining
whether a suspect is guilty or innocent.
II. LEGAL DEFINITION OF DNA
Among the many new tools that science has provided for the analysis of forensic evidence is the
powerful and controversial analysis of deoxyribonucleic acid, or DNA, the material that makes up the genetic
code of most organisms. DNA analysis, also called DNA typing or DNA profiling, examines DNA found in
physical evidence such as blood, hair, and semen, and determines whether it can be matched to DNA taken from
specific individuals. DNA analysis has become a common form of evidence in criminal trials. It is also used in
civil litigation, particularly in cases involving the determination of Paternity of Identity.
2. The Role of DNA in Criminal Investigation…
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Interpreting Results of DNA Analysis in Criminal Investigation
1) Inclusion: When the DNA profile of a known individual (A victim or suspect) matches the DNA profile
from the crime scene evidence, the individual is “included” as a potential source of that evidence.
2) Exclusion: When the DNA profile from an individual (A victim or suspect) does not match the DNA
profile generated from the crime scene evidence, the referenced individual is “excluded” as the donor of the
evidence.
3) Inconclusive: Inconclusive results indicate that DNA testing did not produce information that would allow
an individual to be either included or excluded as the source of the biological evidence.
4) Queries regarding DNA analysis among common people
5) If I am arrested by the police for a crime, do the police have the right to order me to provide a DNA sample
for their criminal investigation?
6) If a family member commits a crime, can his DNA at the crime scene lead law enforcement to wrongly
believe that I committed the crime? How similar is DNA among family members?
7) What procedures can I take if I believe that DNA evidence found at a crime scene was accidently
contaminated by police during the collection process?
DNA Profiling and Indian Legal System
The admissibility of the DNA evidence before the court always depends on its accurate and proper
collection, preservation and documentation which can satisfy the court that the evidence which has been put in
front it is reliable. There is no specific legislation which is present in Indian which can provide specific
guidelines to the investigating agencies and the court, and the procedure to be adopted in the cases involving
DNA as its evidence. Moreover, there is no specific provision under Indian Evidenced Act, 1872 and Code of
Criminal Procedure, 1973 to manage science, technology and forensic science issues. Due to lack of having
any such provision, an investigating officer has to face much trouble in collecting evidences which involves
modern mechanism to prove the accused person guilty.
Section 53 of Code of Criminal Procedure1973 authorizes a police officer to get the assistance of a
medical practitioner in good faith for the propose of the investigation. But, it doesn’t enable a complainant to
collect blood, semen etc for bringing the criminal charges against the accused.
The amendment of Cr. P. C. by the Cr. P. C. (amendment) Act, 2005 has brought two new sections
which authorize the investigating officer to collect DNA sample from the body of the accused and the victim
with the help of medical practitioner. These sections allow examination of person accused of rape by medical
practitioner and the medical examination of the rape victim respectively. But the admissibility of these
evidences has remained in a state of doubt as the opinion of the Supreme Court and various High Courts in
various decisions remained conflicting. Judges do not deny the scientific accuracy and conclusiveness of DNA
testing, but in some cases they do not admit these evidences on the ground of legal or constitutional prohibition
and sometimes the public policy. There is an argent need to re-examine these sections and lows as there is no
rule present in the Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973 to manage science and
technology issues.
Many developed countries have been forced to change their legislation after the introduction of the
DNA testing in the legal system. There are certain provisions which are present in the Indian Evidence Act,
1872 such as section 112 which determine child’s parentage and states that a child born in a valid marriage
between a mother and a man within 280 days of the dissolution of the marriage, and the mother remaining
unmarried shows that the child belongs to the man, unless proved otherwise but again no specific provision
which would cover modern scientific techniques. DNA analysis is of utmost importance in determining the
paternity of a child in the cases of civil disputes. Need of this evidence is most significant in the criminal cases,
civil cases, and in the maintenance proceeding in the criminal courts under Section 125 of the Cr. P. C.
The introduction of the DNA technology has posed serious challenge to some legal and functional
rights of an individual such as “Right to privacy”, “Right against Self-incrimination”. And this is the most
important reason why courts sometimes are reluctant in accepting the evidence based on DNA technology.
Right to Privacy has been included under Right to Life and Personal liberty or Article 21of the Indian
Constitution, and Article 20(3) provides Right against Self- Incrimination which protects an accused person in
criminal cases from providing evidences against himself or evidence which can make him guilty. But it has been
held by the Supreme Court on several occasions that Right to Life and Personal Liberty is not an absolute Right.
In Govind Singh v. state of Madhya Pradesh, Supreme Court held that a fundamental right must be subject to
restriction on the basis of compelling public interest. In another case Khark Singh v. state of utter Pradesh,
Supreme Court held that Right to privacy is not a guaranteed right under our Constitution. It is clear from
various decisions which have been delivered by the Supreme Court from time to time that the Right to Life and
Personal Liberty which has been guaranteed under our Indian Constitutions not an absolute one and it can be
subject to some restriction. And it is on this basis that the constitutionality of the lows affecting Right to Life
3. The Role of DNA in Criminal Investigation…
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and Personal Liberty are upheld by the Supreme Court which includes medical examination. And it is on the
basis that various courts in the country have allowed DNA technology to be used in the investigation and in
producing evidence. To make sure that modern technologies can be used effectively, there is an urgent need of a
specific legislation which would provide the guidelines regulating DNA testing in India.
The recent refusal of the Supreme Court to dismiss the Delhi High court’s decision ordering veteran
congress leader N.D. Tiwari to undergo the DNA test is very important from the viewpoint of the admissibility
of such evidence. In this case, Rohit Shekhar has claimed to be the biological son of N.D. Tiwari, but N.D.
Tiwari is reluctant to undergo such test stating that it would be the violation of his Right to privacy and would
cause him public humiliation. But Supreme Court rejected this point stating when the result of the test would not
be revealed to anyone and it would under a sealed envelope, there is no point of getting humiliated. Supreme
Court further stated that we want young man to get justice; he should not left without any remedy. It would be
very interesting to see that how courts in India would allow the admissibility of DNA technology in the future.
International Perspective on Admissibility of DNA in Criminal Justice System
1) In the 1950s, Anna Anderson claimed that she was Grand Duchess Anastasia Nikolaevna of Russia. In
the 1980s, after her death, samples of her tissue that had been stored at a Charlottesville, Virginia hospital
following a medical procedure were tested using DNA fingerprinting, and showed that she bore no relation
to the Romanovs.
2) In 1986, Richard Buckland was exonerated, despite having admitted to the rape and murder of a
teenager near Leicester, the city where DNA profiling was first discovered. This was the first use of DNA
finger printing in a criminal investigation.
3) In 1987, genetic fingerprinting was used in criminal court for the first time in the trial of a man accused
of unlawful intercourse with a mentally handicapped 14-year-old female who gave birth to his baby.
4) In 1987, Florida rapist Tommy Lee Andrews was the first person in the United States to be convicted
as a result of DNA evidence, for raping a woman during a burglary; he was convicted on November 6,
1987, and sentenced to 22 years in prison.
5) In 1989, Chicago man Gary Dotson was the first person whose conviction was overturned using DNA
evidence.
6) In 1991, Allan Legere was the first Canadian to be convicted as a result of DNA evidence, for four
murders he had committed while an escaped prisoner in 1989. During his trial, his defense argued that the
relatively shallow gene pool of the region could lead to false positives.
7) In 1992, DNA evidence was used to prove that Nazi doctor Josef Mengele was buried in Brazil under
the name Wolfgang Gerhard.
8) In 1992, DNA from a palo verde tree was used to convict Mark Alan Bogan of murder. DNA from seed
pods of a tree at the crime scene was found to match that of seed pods found in Bogan's truck. This is the
first instance of plant DNA admitted in a criminal case.
9) In 1993, Kirk Bloodsworth was the first person to have been convicted of murder and sentenced to
death, whose conviction was overturned using DNA evidence.
10) The 1993 rape and murder of Mia Zapata, lead singer for the Seattle punk band The Gits was unsolved nine
years after the murder. A database search in 2001 failed, but the killer's DNA was collected when he was
arrested in Florida for burglary and domestic abuse in 2002.
11) In 2001, Wayne Butler was convicted for the murder of Celia Douty. It was the first murder in Australia to
be solved using DNA profiling.
12) In March 2003, Josiah Sutton was released from prison after serving four years of a twelve-year sentence
for a sexual assault charge. Questionable DNA samples taken from Sutton were retested in the wake of the
Houston Police Department's crime lab scandal of mishandling DNA evidence.
13) In June 2003, because of new DNA evidence, Dennis Halstead, John Kogut and John Restivo won a re-trial
on their murder conviction. The three men had already served eighteen years of their thirty-plus-year
sentences.
14) The trial of Robert Pickton (convicted in December 2003) is notable in that DNA evidence is being used
primarily to identify the victims, and in many cases to prove their existence.
15) In March 2009, Sean Hodgson who spent 27 years in jail, convicted of killing Teresa De Simone, 22, in her
car in Southampton 30 years ago was released by senior judges. Tests prove DNA from the scene was not
his. British police have now reopened the case.
Indian Perspective on Admissibility of DNA in Indian Legal System
The use of DNA as evidence in criminal investigations has grown in recent years in India. DNA testing
has helped law enforcement, identify criminals and solve difficult crimes. On the other hand, DNA evidence has
supported proves that many convicted people are actually innocent.
4. The Role of DNA in Criminal Investigation…
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There are 47 decisions during 2011 given by Supreme Court and different Indian High Courts in which
the DNA sample played very important role.
Table: 1.1Name of the courts.
Sl No. Name of Court Frequency Percent
1. Delhi 11 23.4
2. Bombay 8 17.0
3. Kolkata 3 6.4
4. Madras 6 12.8
5. Andhra Pradesh 4 8.5
6. Jabalpur 1 2.1
7. Guhati 3 6.4
8. Supreme Court 2 4.3
9. Chhattisgarh 1 2.1
10. Punjab &Haryana 4 8.5
11. Uttar Pradesh 1 2.1
12. Utrakhand 1 2.1
13. Kerla 1 2.1
14. Himachal Pradesh 1 2.1
Total 47 100.0
Table 1.1 shows about the decisions given by different Indian High Courts during 2011. Most of the decisions
are given by The Delhi High Court i.e. 23.4 percent while only 2.1 percent decisions given by six Indian High
Courts.
Table: 1.2Decisions given by various Benches of India
Sl No. Decision Given by Bench Frequency Percent
1. Nagpur 1 14.3
2. Agartala 2 28.6
3. Aurangabad 1 14.3
4. Ernakulam 1 14.3
5. Madurai 2 28.6
Total 7 100.0
It shows in Table 1.2 that most of of the decisions (57.2 Percent) given by Agartal and Madurai
Benches while in case of Nagpur Aurangabad and Ernakulam branches 42.8 percent respectively.
5. The Role of DNA in Criminal Investigation…
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Table 1.3 shows that most of the cases of Identification of the person and disputed paternity i.e. 74.4 percent
while in case of murder 4.7 percent and 2.3 percent cases of rape with murder.
It is mention in above Table that in 51.2 percent cases in which the DNA samples traced from Blood and 4.9
percent cases the sample took from Blood and Bone while in case of hair and teeth 4.8 percent cases decided.
6. The Role of DNA in Criminal Investigation…
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Table: 1.5. Plaintiff
Sl No. Plaintiff Frequency Percent
1. State 31 66.0
2. Male 5 10.6
3. Female 8 17.0
4. Institution 2 4.3
5. Police 1 2.1
Total 47 100.0
It is found in the study that in 66 percent cases the plaintiff was State where the main evidence was
DNA and the role of police as a plaintiff only 2.1 percent.
7. The Role of DNA in Criminal Investigation…
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III. CONCLUSIONS AND SUGGESTIONS
Some major findings emerged in the various tables of the study are being acknowledged:
1) Table 1.1 shows about the decisions given by different Indian High Courts during 2011. Most of the
decisions are given by The Delhi High Court i.e. 23.4 percent while only 2.1 percent decisions given by six
Indian High Courts.
2) It shows in Table 1.2 that most of the decisions (57.2 Percent) given by Agartala and Madurai Benches
while in case of Nagpur Aurangabad and Ernakulam branches 42.8 percent respectively.
3) Table 1.3 shows that most of the cases of Identification of the person and disputed paternity i.e. 74.4
percent while in case of murder 4.7 percent and 2.3 percent cases of rape with murder.
4) It is mention in Table 1.4that in 51.2 percent cases in which the DNA samples traced from Blood and 4.9
percent cases the sample took from Blood and Bone while in case of hair and teeth 4.8 percent cases
decided.
5) It is found in (Table 1.5) the study that in 66 percent cases the plaintiff was State where the main evidence
was DNA and the role of police as a plaintiff only 2.1 percent.
6) There is not made any conviction on the basic of DNA sample as Life Imprisonment or Capital Punishment
in India till now but other country.
IV. SUGGESTIONS
Some broad suggestions emerging out of the study can be summarized as below:
1) The Government must make necessary provisions / amendments in the Cr. P. C. for the accused / suspect to
provide their DNA sample to the investigating agencies on the direction of competent court.
2) The Government should take speedy measures to create data base of DNA based on ethnic group,
anthropological and regional considerations.
3) It is important to create a balance between the constitutional rights of an individual and the public interest
and bring accountability and transparency to the practice of DNA collection and testing.
REFERENCES
[1]. Sharma, J D. Scientific Investigation of Crime, Hindi Granth Academy, Bhopal, 1994.
[2]. Sharma, B R, Forensic Science and Criminal Investigation and trials, 3 rd Central Law Agency, Allahabad India, 1990.
[3]. John O. Savino, Brent E. Turvey, Jodi Freeman, Rape Investigation Handbook 2011.
[4]. Lawrence F. Kobilinsky, Thomas F. Liotti , Jamel Oeser-Sweat, DNA: forensic and legal applications, 2005
[5]. David Lazer, DNA and the criminal justice system: the technology of justice - Page 23, 2004.
WEBLIOGRAPHY
www.manupatra.com
www.ncrb.gov.in
www.wikipedia.com
http://www.ornl.gov/sci/techresources/Human_Genome/elsi/forensics.shtml
karisable.com/crdna1.htm
http://www.iiiweb.net/forensic-services/crime-scene-investigations/