INTRODUCTION
Forensic science is one of the most important areas that has adapted the integration of genetics into criminal matters, especially through the use of DNA profiling. Since the mid-1980s DNA profiling has become an indispensable apparatus in criminal investigation and an advanced method to identify suspects and victims based on the composition of their genetic code[1]. In addition to positively identifying suspects that were linked to crime scenes leading to convictions, this technology has been instrumental in clearing innocent suspects who were wrongly accused. However, the application of genetic evidence in the court shares numerous legal and ethical issues. The proper handling of DNA is crucial, and the justice system must be keen to meet these requirements since the analysis is very sensitive. Therefore, expanding the opportunities in investigations creates many questions and controversies in criminal procedure legislation in connection with the further rise of intensive and innovative criminal cases connected with new genetic technologies.
UNDERSTANDING GENETIC INFLUENCE
Besides aggressive or delinquent tendencies in any given individual, genes may describe tendencies of impulsive behavior. In the case of different behaviors, specific genes have been found which may increase the risk of these behaviors hence meaning that few people may also be genetically predisposed to engaging in actions which might be associated with criminal elements[2]. However, it is necessary to realize that genetics is the best segment of the equation. The essential constituents impacting behavior are upbringing, social repercussions, as well as existence reviews in environmental contextualization. The relationship between genetic susceptibility and environs is complex; it is this interplay that influences a person’s behavior. Thus, at the same time as genetics can provide invaluable information, it has to stop being regarded as an independent variable that is a replacement for one of the components of a complex system which is behavior.
HOW THE GENETICS WORKS IN CRIMINAL PROCEEDINGS?
Genetics occupies an important place in criminal suits most of the time thanks to the use of DNA evidence. Here’s an in-depth assessment of the way genetics works in the context of criminal justice:
- Crime Scene Investigation: organic samples like blood, saliva, hair, skin cells, or different physical fluids from the crime scene by investigators.
- Laboratory Analysis: the collected samples were dispatched to the laboratory for DNA extraction and their quantity was quantified to ensure that there was sufficient DNA for further analysis. Along with Polymerase Chain Reaction (PCR), special techniques amply the unique areas of DNA to get enough copies for research[3].
- DNA Profiling: These are specific loci of the DNA that change frequently from one individual to the other and they are known as Short Tandem Repeats (STRs). These regions are then used to make a DNA profile of the said regions. A DNA profile is a sequence of numbers that give figures of the STR markers are Mini-Satellites taken up for analysis. 20 STRs were analyzed by the FBI at the time of DNA fingerprint creation in America[4]
- Comparison and Matching: The DNA profile that may be identified at the scene of the crime may be compared with profiles in nationwide databases that include the Combined DNA Index System (CODIS) system prevalent in the United States among other countries. If there might be a suspect, their samples are taken by force (with a warrant) and compared almost instantly to a profile from the crime scene evidence.
- Statistical Analysis: If a match is located, forensic scientists work out the probability that the DNA profile should be suitable for somebody else in the population. This is often given in the form of a “random healthy opportunity” defining how rare or frequent the profile is. This ratio makes it possible to measure the strength of the fit in terms of the probability of the evidence-given scenarios: one scenario in which the suspect is the source of the DNA and the second in which the source is an unknown actor.
- Reporting & Documentation: A precise record is created in terms of approaches applied, outcomes retrieved, and the significance of the suit from the statistical factor. This document is important for providing evidence in the courtrooms the proper format of presenting the document in the court docket must be followed to the latter to the best of the lawyer’s capability. During the evaluation, the chain of custody is followed to ensure that the proof was handled correctly at each phase.
- Court Presentation: Expert witnesses are employed in the courtroom to defend and analyze DNA evidence collected, the process that was employed, and the meaning of the results obtained. They make the court docket understand the admissibility and the consequences of genetic evidence.
- Post Conviction Analysis: Depending on peculiarities of concrete cases, for example, in case of new evidence or doubts in guilt, the DNA proof can be reviewed. More developments in molecular biology shall furthermore pave the way for better identification of antique samples. If new DNA evidence demonstrated that the convicted character was now not the supply of the biological cloth, then it would end up in exoneration and rectification of wrong convictions.
EFFECTIVENESS OF BEHAVIORAL GENETICS
While in legal arenas, behavioral genetics might supply mitigating circumstances throughout the time of sentencing, they also burden the alleles’ less understood and increased detailed comprehension of an offender’s actions while at the same time conveying apprehensive concerns of genetic determinism and genetic bias. In light of this there is increased awareness and acceptance of behavioral genetic evidence among the different professionals and the population as a whole; this awareness probably translates into more extra-informed decision-making; but again, misunderstanding and skepticism can do away with this powerful tool.
In one case, the Appellate court commuted the sentence of the defendant after knowing that he had an MAOA allele even though, the trial judge reduced the defendant’s sentence to three years after knowing that he suffered from mental illness.[5].
IMPACT OF GENETICS IN JUDICIAL SYSTEM
The professionalism of genetics, especially DNA evidence, has been an amazing influence on the judiciary because it brought a change in the way of correcting and fairly solving complaints of criminality. The analysis of DNA signifies a one-of-a-kind approach to identifying criminals and has decreased instances of wrongful conviction and exculpation of innocent people in a broad manner[6]. This medical method has transformed investigations bearing in mind the fast elimination or confirmation of suspects leading to enhancement of regulation enforcement besides biting resource distribution. Notably, DNA serfdom also has a high-power deterring effect on potential criminals as well as helping to solve so-called ‘cold cases’ and provide consolidation to the victims and their families[7]. Because genetic proof renders itself to be more objective, it reduces the reliance that can be placed on arguably prejudiced and or unreliable trial effects. Just like with DNA technology, there have also been steady advancements in the enhancement of the preciseness of the forensic assessment together with leveled-up crime handling standards and ethics of samples and complaints. The analysis of DNA has subsequently raised people’s awareness and perception of forensic science which developed a better understanding of the criminal justice system. In addition, it brought better training concerning police work and basic forensic studies, giving a general boost to criminal investigation work. In general, the introduction of genetic factors into the judiciary system has helped boost the effort towards the delivery of justice through public relations, balance, and call for efficient assessment.
CONCLUSION
The role of genetics in the criminal justice process is still rather ambiguous and has critical consequences. Conduct may be inherited and accompanied by inclinations to be impulsive, aggressive, or even antisocial. But genetics is the best part of the equation as the environment is also about to take a very crucial part in conduct. Genetic proof inclusive of DNA profiling has been established to be critical in forensic technological know-how; assisting mark out criminals, unburdening the harmless parties, and connecting crimes to copy offenders. DNA evidence is very accurate reliable well treated. Yet, the use of genetic statistics in the justice device raises ethical and legal questions. These are privacy issues, one’s probability of getting discriminated against genetically, and issues surrounding determinism and free will. If genetic records are misconstrued it can lead to the wrong conviction or wrong sentencing of an individual. It is possibly true that in sentencing, genetic pre-dispositions are good to be taken as conditions that reduce culpability but there is a role that needs to be played in an open recognition of the genetic impact on the other hand with the other extreme that emphasizes personal responsibility. Genetic discoveries and the technological age will continue to affect the crook justice machine, by offering improved DNA investigation techniques, improvement of the genetic base of behavior, and feasible genetic remedies.
Author(s) Name: Shruti Mittal (Dr. B.R. Ambedkar Law University, Jaipur)
References-
[1] Dr. Nirpat Patel, Vidhwansh K Gautaman & ShyamSundar Jangir, ‘The Role of DNA in Criminal Investigation – Admissibility in Indian Legal System and Future Perspectives’ (July 2013), < https://www.ijhssi.org/papers/v2(7)/Version-3/C0273015021.pdf> accessed August 11, 2024
[2] Laura A. Baker, ‘The Biology of Relationships: What Behavioral Genetics tells us about interactions among family members’ (December 21, 2015), <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4685725/> accessed 11 August, 2024
[3] Sarah Williams, J.D., ‘How DNA Evidence works?’ (July 9, 2024), < https://www.findlaw.com/criminal/criminal-procedure/how-dna-evidence-works.html> accessed 11 August, 2024
[4] Sarah Sharman, ‘Forensic and DNA: How genetics can help solve crimes’ (November 11, 2021),< https://www.hudsonalpha.org/forensics-and-dna-how-genetics-can-help-solve-crimes/ >accessed 11 Aug, 2024
[5] Nicholas Scurich, ‘Behavioural Genetics in Criminal Court ‘(Sept. 18, 2017), <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5730091/> accessed 11 August 2024
[6] How Is DNA Profiling Used to Solve Crimes? (December 31, 2019) <https://online.maryville.edu/blog/how-is-dna-profiling-used-to-solve-crimes/> accessed 11 August, 2024)
[7] Grette Sara Titus, ‘The Role and Importance of DNA Evidence in the Indian Criminal Justice System’ (October 2023), <https://www.researchgate.net/publication/377560476_The_Role_and_Importance_of_DNA_Evidence_in_the_Indian_Criminal_Justice_System#:~:text=DNA%20Evidence%20has%20played%20an,traditional%20evidences%20were%20not%20present >accessed 11, August 2024
