|Type of paper:
|Death penalty Literature review Human rights
American Civil Liberties Union. (2020). DNA Testing and the Death Penalty. Retrieved February 11, 2020, from https://www.aclu.org/other/dna-testing-and-death-penalty
The American Civil Liberties Union (ACLU) is an organization that was started in New York in 1920 by Roger Baldwin and others. It is aimed at championing constitutional freedoms in the U.S. and works towards protecting freedoms and constitutional rights as per the U.S. constitution. The ACLU has written an article, DNA testing, and death penalty that explains how DNA impacts death sentence convictions; hence it is very important for this particular study. This study seeks to examine the impacts of using DNA evidence in confirming the innocence or guilt of victims involved in capital cases. It also focuses on various cases in the United States. Two hundred seventy-three people were exonerated in the United States by September 2011 through a DNA test. The information from the study is relevant in my study since it can be used in giving an argument for mandatory DNA testing in all death row convictions.
Aronson, J. D., & Cole, S. A. (2009). Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States. Law & Social Inquiry, 34(03), 603-633. doi:10.1111/j.1747-4469.2009.01159.x
Jay Aronson is the director and founder of the Centre for Human Rights Science at Carnegie Mellon University. His research mainly examines relations between technology, media, law, science, and human rights in varied contexts. This is a journal that explains the fundamental shift in the death penalty in America owing to the very many debates held about the subject matter. The purpose of this study is to examine fundamental shifts that have occurred relating to death sentences in the United States. Simon A. Cole, on the other hand, is a professor in the field of Law, Criminology, and Society. Their journal, "Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States Recommendations of the study," is fit for this topic because it points out the uncertainties of DNA. The study recommended that apart from DNA tests being reliable and accurate, it also has uncertainties and probabilities. The study brings contrasting information regarding DNA accuracy, citing that even though it is more reliable and accurate, it is prone to probabilities and uncertainties. Although DNA testing has its inconsistencies, it is important to weigh them out, and the information of this study is important to the research topic has it helps the reader understand how the uncertainties are brought out. Is it through the DNA testing process, or is it in the way of handling the test samples? How the inconsistencies or uncertainties can be fixed and hence laying the basis for the research.
Bickel, P. J. (1997). Discussion of "The Evaluation of Forensic DNA Evidence." Proceedings of the National Academy of Sciences, 94(11), 5497-5497.
Peter Bickel is a statistics professor at California University, Berkeley. He also served as president of Bernoulli Society and was also bestowed honorary Doctorate by Hebrew University in 1986. His book on "The Evaluation of Forensic DNA Evidence." Proceedings of the National Academy of Sciences" is very important for this topic as it gives an analysis of study carried by The National Research Council in an attempt to describe the essentials of relevant science and technology in offering suggestions that will enhance DNA tests and their use in enforcing the law. Due to the interim ceiling principle and the ceiling principle, the study was highly criticized by lawyers and scientists. Further study is, therefore, ongoing following 992 reports regarding the accuracy of laboratory determinants as well as arithmetic accuracy based on genetics and population theory in addition to available statistical assessments and databases.
Bieber, F. R., Buckleton, J. S., Budowle, B., Butler, J. M., & Coble, M. D. (2016). Evaluation of forensic DNA mixture evidence: protocol for evaluation, interpretation, and statistical calculations using the combined probability of inclusion. BMC Genetics, 17(1), 125.
Frederick Bieber is a medical geneticist at Brigham and Women's Hospital and is also an associate professor of pathology at Harvard Medical School, he is also a medical geneticist at Brigham and women hospital, and a consultant at the Massachusetts general hospital and the children's Boston hospital. John Buckleton, on the other hand, is a forensic scientist who mainly works in the DNA field. Bruce Budowle is the executive director in the Investigative Genetics Institute; his area of specialization is genetics and forensic science. Their article on "Evaluation of forensic DNA mixture evidence: protocol for evaluation, interpretation, and statistical calculations using the combined probability of inclusion" is important in this topic because it evaluates the mixture of DNA evidence and the protocols used to interpret and evaluate statistical calculations via combined probability inclusion. This study faces prodigious interpretational challenges because of complicated mixture evidence. The challenges comprise case studies with degraded quality hence locus and allele dropout. The study describes key elements needed in statistical evaluation and interpretation of DNA mixtures. This article has focused on the use of elucidation and exposition as statistical evaluation methods. DNA mixture guidelines are provided in this study in the analysis of complicated DNA mixtures. This article will help reduce the variability of interpretations in applying the methodologies; hence the information from this literature will be paramount in the research question since it contributes to the improved interpretation of DNA mixtures in the forensic community. Offering a better understanding of the response as to why DNA profiling in all death penalty cases, and it plays an important part in avoiding wrong convictions.
Briody, M. (2004). The effects of DNA evidence on homicide cases in court. Australian & New Zealand Journal of Criminology, 37(2), 231-252.
Michael Briody is from Griffith University in the School of Criminology and Criminal Justice. His article on "The effects of DNA evidence on homicide cases in court" will be very beneficial concerning this topic because it is focused on examining the impact of DNA evidence on rulings of homicide cases as they advanced in criminal courts. The selected sample included 150 completed and solved cases that had been referred for prosecution by police in Queensland jurisdiction. For 75 cases, DNA evidence was produced by prosecutors concerning the accusations, while the other 75 was a control group, where no DNA evidence was produced. The cases with DNA evidence had higher chances of reaching the court as compared to the cases without DNA tests. Implicating DNA evidence established a powerful impact on juries' convicting decisions. Also, DNA was linked to a slight reduction of imprisonment involving manslaughter cases.
Death Penalty Information Center. (2020, February 10). Description of Innocence Cases. Retrieved February 11, 2020, from https://deathpenaltyinfo.org/policy-issues/innocence/description-of-innocence-cases
Death Penalty Information Center is a non-profit organization in Washington, D.C., which mainly focuses on publicizing reports and studies regarding death penalties. Their article on the description of innocence cases is useful in this topic because it analyzes numerous innocent victims who have been wrongly convicted. The study looked at 167 cases where the victims were wrongly convicted but were freed later after the DNA test evidence was produced. All the cases sampled here consisted of individuals who were freed at last. For instance, David Keaton was convicted in 1971 based on coerced confessions and mistaken identity. He was then penalized with a death sentence for the murder of a deputy sheriff. This conviction was, however, reversed by the State Supreme court after the discovery of new evidence that revealed the actual killer. There is a need for more research to show those who were also convicted after DNA tests.
Ladd, C., Lee, H. C., Yang, N., & Bieber, F. R. (2001). Interpretation of complex forensic DNA mixtures. Croatian medical journal, 42(3), 244-246.
Cheryl Ladd is an American author, singer, and actress. Lee is also an author; Yang is an American philanthropist, entrepreneur, lawyer, and author. Frederick Bieber is a medical geneticist at Brigham and Women's Hospital and is also an associate professor of pathology at Harvard Medical School. Their article on "Interpretation of complex forensic DNA mixtures is useful in this topic as it examines DNA tests factors such as mixed and degraded samples that affect the interpretation of DNA tests. This study involved 44 cases in 7 different laboratories, and there was a correct detection of all the participants in terms of the alleles presented in the mixed samples. Interpreting mixed samples can be relatively simple or complicated, needing statistical and laboratory consideration. This study, however, showed that the application of conservative statistical methods helps to obviate court objections and minimizes mixture genotype difficulties.
Lanier, C. S., & Acker, J. R. (2004). Capital punishment, the moratorium movement, and empirical questions: Looking beyond innocence, race, and bad lawyering in death penalty cases. Psychology, Public Policy, and Law, 10(4), 577.
Lanier is a renowned American author who has a research library in Houston. Acker J.R served as a district judge in the United States. The duo has written an article on Capital punishment, the moratorium movement, and empirical questions: Looking beyond innocence, race, and bad lawyering in death penalty cases. The article suits this topic due to its exploitation of all underpinnings of present-day capital sentences moratorium movements as well as examining legislative and executive responses that can halt executions, which is inclusive of death penalty study. This article recommends an investigation of a wide range of issues in authentic attempts to evaluate death sentence administration. It then discusses related research findings and finally considers the policy impacts of steering thorough empirical assessment of administering capital sentences in the nation; it will be useful in analyzing the importance of DNA tests in death sentences.
National Academy of Sciences. (1992). Use of DNA Information in the Legal System - DNA Technology in Forensic Science - NCBI Bookshelf. Retrieved February 11, 2020, from https://www.ncbi.nlm.nih.gov/books/NBK234535/
The National Academy of Sciences is a non-profit NGO based in the U.S. The organization promotes and recognizes outstanding science via the electioneering of members. This organization has sponsored the research and production of the article on "Use of DNA Information in the Legal System - DNA Technology in Forensic Science" This article is useful since it gives an outline of using DNA evidence in both prosecution and investigation of criminal offenses in civil litigation. Standard single locus is a DNA testing type that is usually recommended by courts, and it is explained herein. It further explains biological samples of DNA should be handled to minimize contaminations for perfect results. These DNA tests, however good they are, will increase the cost because laboratories will need funding from both the state and the federal government.
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