Lecture 15- Use of genetic variation: forensics; paternity (law) Flashcards
DNA can be taken from a child for forensic tests under the federal Crimes Act if:
A. It is a ‘non-intimate sample’ and not an ‘intimate sample’ as defined in the Act.
B. It is a ‘non-intimate sample’ and a magistrate authorises that the sample be taken from the child for testing after the child has been convicted of a criminal offence.
C. The child is a suspect in custody and a senior constable orders the taking of an ‘intimate sample’.
D. In all of these situations.
B is correct
What are the uses of genetic variation in the legal world?
- natural variation in a person’s genetic constitution
- establishing identity and genetic relationship
- use of genetic evidence to establish identity and relationship - law
- paternity testing – law; emotions
Q. A man who is proved to be the biological father of a child:
(a) has a legal right to see the child subject to a court order preventing contact
(b) has a legal obligation to pay child support for the child until the child is 18, even if the child does not live with him.
(c) has a legal right to make medical decisions for the child unless that right has been removed by a court order
(d) has all the rights and duties above.
a) yes b) yes c) yes d) yes
- d) is the correct!
Q. When DNA of suspect X is found at a crime scene:
A. It proves conclusively that X was at the scene at the time of the offence.
B. It is evidence that X was at the scene but that can be disproved by other evidence.
C. It proves that X was involved in the crime in some way.
D. It rules out other suspects.
B is correct
What are the advantages of using DNA evidence?
- identify/confirm suspect - presumptive proof person present at crime scene
- especially if person’s DNA is on victim’s body or clothing
- can rule out suspects; identify victims
- DNA evidence has high probability of being accurate in establishing identity
What is the variation in genetic constitution and the issues that come with that?
- Profile: polymerase chain reaction (PCR) – extracts DNA from sample for amplification and analysis
- Set of numbers: XY 10, 12 18,19, 14,14 15,16, 25,28 16,12 11,10 29,30 17,18.
- Numbers show number of short tandem repeats (STRs) found at 9 sites or loci along DNA molecule.
- Two sets of loci – one inherited from each parent.
What are the disadvantages of using DNA as evidence?
- DNA evidence not conclusive
- chance of error, contamination of sample, tampering - DNA left innocently or deliberately at crime scene – greater risk than fingerprints
- shows kinship, predictive info about person, family
- concerns about privacy and later misuse of genetic test results
What was the concern of the ex-judge Frank Vincent?
-In 2010, ex-judge Frank Vincent reviewed a case in Victoria that illustrates a dangerous reliance on DNA evidence. A man had been imprisoned for six years and only had his conviction quashed after serving 16 months when it was found that the sample used had been contaminated. The DNA had been the only piece of evidence in the rape trial, and Vincent noted that it was not even likely that the unconscious alleged victim had been interfered with at all.
What has new research suggested about the education of jurors and legal officers in regards to DNA evidence?
-New research at Charles Sturt University has revealed a pressing need to provide greater education on DNA evidence to legal officers and jurors. The research found that the majority of potential jurors have very little knowledge about the accuracy and application of DNA evidence. The presentation of DNA evidence as infallible on television crime shows has contributed to the lack of understanding. The findings have led to calls for greater education among jurors.
What are the two categories of samples taken from suspects?
-intimate and non-intimate
What is an intimate sample?
-external examination/photo /video/sample of genital/anal/ buttocks, breast; taking blood, pubic hair, dental impression, saliva, buccal swab
What is a non-intimate sample?
- exam./photo/video/sample of other areas of body that involves touching body, removing clothing; taking hair sample other than pubic hair; taking sample from nail or under nail; hand, finger, foot, toe print
- Crimes Act 1914 (Cth) s 23WA(1)
What forensic tests can be done without consent?
• Suspect forced to give DNA sample
- The Melbourne Magistrates Court ordered a man suspected of involvement in a petrol bomb attack to submit to a DNA test.
- Magistrate authorised police to use force to obtain a saliva sample if necessary
Under which circumstances can a magistrate order a forensic procedure?
(1) A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if:
(a) the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
(b) the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
(c) under section 23WE, the suspect cannot consent to the forensic procedure
What do you have to ask to decide what needs to be done to get a forensic test?
- Is the person to be tested:
(a) A convicted offender – serious offence?
(b) A suspect?
(c) A volunteer (ie wants to be tested or agrees to be tested when asked)? - Is the person an adult; a child; or ‘incapable’?
