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1.
DNA fingerprinting
2.
Handiest tool
3.
Junky genes speak
4.
Latest and greatest
You
can find testable DNA just about anywhere, as shown by the red spots on
the Bascom (Hall) strangler, caught in the act.
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Short, ironic history
The dual
utility of DNA fingerprinting for the prosecution and the defense actually
surfaced at its first use in police work. In 1986, two years after the
technology was invented by Alec Jeffries of Leicester University in the
United Kingdom, a girl was raped and murdered several miles from Jeffries's
laboratory.
A
suspect confessed to the crimes, but denied a previous, similar crime. A
DNA test confirmed that denial -- and when the police DNA-tested evidence
from the recent murder, they discovered that the suspect's DNA was similarly
absent. The suspect, once confessed but twice innocent, walked free. With
both crimes now unsolved, the police found a pretext to collect blood
from local men and eventually found and nailed a man whose DNA appeared
at both crime scenes. "It was an extraordinarily auspicious beginning...,"
wrote Harlan Levy, a former New York City prosecutor. "In its first known
application to a murder case, DNA testing fulfilled both its promises,
clearing an innocent man and helping convict a guilty one."
DNA fingerprinting
was a whole lot less decisive in the O.J. Simpson case: The ex-footballer
walked on double murder charges, even though his blood was found in compromising
situations. The jury decided that the DNA evidence was tainted by police
misconduct. While the DNA was neither convincing nor convicting, the Simpson
trial forever changed the legal treatment of DNA:
The
procedures for collecting
and processing DNA have been tightened. With the tests considered
unassailable, proper handling of evidence is crucial.
Judges
and juries know the basic science of testing -- or at least accept its
scientific validity. George Gaucys, HLA/paternity laboratory manager
at the American Red Cross in Madison, Wis., says, "There's less need
to testify," in the 700 or so paternity cases his lab handles each year.
(DNA fingerprinting is used to prove paternity so states can prod
fathers to fund their children's upbringing.)
Invasion
of privacy?
DNA fingerprinting and the databases needed to take maximum legal advantage
of them do raise privacy and ethical concerns. Some observers fear any
misuse of the FBI's national DNA database, the Combined DNA Index System
(CODIS).
"These
are technologies in which powerful organs in society control members with
less power," Philip Bereano, a director of the American Civil Liberties
Union, told Time in 1999 (see "DNA Detectives" in the bibliography).
"They are inherently violative of civil rights." CODIS went online in
1998, offering access to state data on DNA related to rape, murder and
child abuse.
And that's fine
with prosecutors, who note that given the difficulty of preventing repeat
crimes by sex offenders, and the gravity of rape and murder, databases
are the fastest, best protection for the public.
Beyond political
and legal acceptance, the increasing use of DNA fingerprinting reflects
the introduction of a faster, cheaper and better technique that can produce
a conviction from a pin-head size drop of blood. In fact, even a few skin
cells may do the trick. Says Laber, "We've had good luck with cigarette
butts, stamps, envelopes, ski masks, even a hat band. If you lose a hat
or an article of clothing, there's a reasonable chance" your skin cells
may be found on it.
Can they test
blood after 20 years? Yewbetcha. I seen it on TV!
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