The Application And Regulation Of DNA Identification Technology In Criminal Justice

With social development and progress, numerous high-tech means have entered the field of criminal justice. Among those high-tech achievements applied to the administration of justice, DNA is undoubtedly the most typical contemporary scientific evidence. DNA evidence, with its almost 100 percent accuracy, has replaced the traditional "fingerprint evidence" and become"the King of evidence" of the present time. In the field of criminal justice, with the emergence of DNA evidence, a great number of individual cases in which people were unjustly, falsely or wrongly charged or sentenced have been re-examined and the verdicts reversed. In criminal investigation activities, with the application of DNA identification techniques, accurate detective clues have been obtained, detection means have been broadened, thus resulting in the solution of a large number of difficult and complicated cases. In criminal trial, with its value of high accuracy in personal identification, DNA evidence has played a pivotal role in the determination of crime and innocence. Yet in judicial scholars and practitioners'craze for DNA evidence, new DNA-caused injustice cases have come to be reported in the newspapers. This undoubtedly sounds the alarm--- DNA evidence must be carefully dealt with. Like any technology, which has its "Achilles heel"---those technical weaknesses or blind spots and errors caused by human involvement in its application, DNA identification technology is also possible of producing mistakes for its shortcomings and inadequacies and entails cautious treatment. To this end, the author analyzes in this research various cases where DNA evidence may lead to wrong judgments after a study of DNA identification technology theories and a study of all aspects of its application in the administration of justice, and, by identifying the causes of those errors and potential errors, proposes a framework for the proper employment of DNA evidence in criminal justice. In addition, as bio-information and genetic material, DNA itself contains such important implications as human dignity and life biography, and the judicial application of DNA evidence would give rise to various conflicts and contradictions of fundamental rights. All these require a sound legal system of specific norms within a country, so that the use of DNA evidence in criminal justice can be orderly, rational, fair and effective.This paper includes five chapters:Chapter I is an overview of DNA identification technology. This chapter will open the door to an understanding of DNA identification technology with an introduction of DNA identification technology history, DNA's life mechanism and DNA identification technology fundamentals. The study on the history of DNA explains the development of DNA identification techniques and the basic features of various technologies; the study on DNA's life mechanism lifts the mysterious veil of DNA and reveals the physiological basis of DNA identification—DNA genetic polymorphism; and the research on the technical principles of DNA identification brings the specificity, stability and reflectivity of DNA identification to light. We will come to recognize the scientific basis for DNA identification—DNA polymorphism alleles and statistical genetic law.Chapter II directly cuts into one of the themes of this article——various causes of DNA identification errors. This chapter includes four aspects. First, the possible factors for wrong DNA identification conclusions will be identified from a description of identification samples, the external environment, forensic DNA typing techniques, human factors and pollution. Second, errors can be identified in the interpretation of DNA identification conclusions. The basic relationship between judicial administration and DNA identification conclusions as well as various cases of DNA identification conclusion errors will be discussed here in order to find the scientific nature and scientific interpretation of DNA identification conclusions. Third, a variety of reasons for DNA identification conclusion bias are explored in the field of DNA identification system. In the process of DNA sample extraction and DNA identification, the absence of a unified and standardized system will affect the uniformity and standardization of DNA identification conclusions and cause wrong conclusions or conflicts of conclusions. Identification methods, identification procedure, DNA typing, identification conclusion interpretations, and laboratory management and control constitute important aspects of DNA identification quality assurance, and are also important areas liable to produce biased conclusions. Fourth, deficiencies in the judicial system of criminal evidence may be discovered with an analysis of factors possibly affecting an accurate interpretation of DNA identification conclusions in the criminal justice evidence system. The overall research in those four areas fully reveals the possible cases affecting the accuracy and reliability of DNA identification conclusions, and thus enables the establishment of a scientific and circumspect attitude towards DNA identification technology and DNA identification conclusions.Chapter III studies functions of DNA identification technology in criminal justice and further presents value conflicts and legal deficiencies in the judicial application process. This chapter examines implicit rights in DNA evidence, such as the individual privacy of genetic traits, and, with DNA evidence as the line, explores such right conflicts as those between real discovery and human right protection, thus revealing the inadequacy of DNA evidence legislation in our country.Chapter IV, based on the forementioned deficiency of DNA identification quality assurance, puts forward a tentative idea of the standardization of DNA identification. Aimed to achieve standardization, normalization and unification, a comprehensive normalization and standardization program is designed concerning the pre-treatment of DNA samples, DNA Identification Laboratory Quality Management System, DNA identification techniques, DNA identification procedures, DNA identification conclusion presentations, and monitoring system. Undoubtedly the standardization of DNA identification will be the institutional strategy to render DNA identification conclusions accurate, standard, and scientific, and are bound to provide institutional guarantees for an effective employment of DNA identification technology.Chapter V studies the legal rules for judicial application of DNA identification conclusions from the perspective of litigation evidence. In accordance with the basic parts of judicial proof, the important rules related to DNA identification conclusion evidence are examined, and more specific and elaborate rules concerning evidence adoption and admission are proposed. This chapter and Chapter IV are the subject and purpose of this paper, and are also where the significance of the doctoral thesis lies. The whole research is conducted with an intent to provide reference for legislative development and judicial progress of DNA identification technology in China.