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On March 3, 1974, a young boy, only 9 years old, was taken to a baseball field and raped.

On March 5, Jimmy Bain was questioned and arrested after being identified in a lineup of 6

potential suspects, despite only two having the sideburns the young boy described. Bain had an

alibi, insisting that he had been at home with his sister watching television at the time of the

crime, which his sister corroborated. In addition, while DNA testing was not available at the

time, it was possible to determine that the rapist of the boy was blood group B, while Bains was

blood group AB. Nonetheless, despite plenty of conflicting evidence, the prosecution won the

case mainly on the identification of Bain in the photos, and Bain was sentenced to life in prison

on the conviction of burglary, kidnapping, and rape. In 2001, it became possible for certain cases

in Florida to be reopened on the basis of DNA testing. After finding this out, Bain gave

handwritten motions for his case to be tested using DNA evidence; the case was tried five times

in court, and was denied each time. It was only after the help of the Innocence Project that Bain

was allowed access to post-conviction DNA testing, and after the DNA was tested, it was found

Bains DNA did not match the assailants. At the age of 54, Bain was released from prison in

2009 after serving 35 years in jail for a crime that he did not commit. This wrongful conviction

drastically impacted his entire life, denying him so many experiences and opportunities on the

basis of a false witness identification. Unfortunately, this story is not the only one of its kind,

with hundreds of people serving time in prison for crimes they didnt commit. However, with

recent scientific advancements and breakthroughs, the potential of DNA in criminal cases has

come to light, and has helped acquit hundreds of wrongfully accused years and even decades

after the fact, allowing them a chance to get their life back. In addition, it is also being

implemented in current criminal cases, and has been the deciding factor in many of them,

prevented wrongful conviction in the first place. However, both the use of DNA and how it is
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collected and stored has come under much speculation and controversy. Despite all of the

promising uses for DNA in the field, many are concerned about the ethical and legal standpoints,

especially when involving the storage of those DNA samples in a bank. This becomes a

particular problem concerning the privacy of the citizens whose DNA is being collected and

stored. Not only is it invasive to have the DNA sample obtained from the person, but also DNA

is unique to each person and contains the information to the entire genetic makeup of that person.

If not properly safeguarded and protected, many are worried that the DNA could fall into the

wrong persons hands, or be used in a way they dont want. However, DNA has had such an

important impact on forensic investigations, and has now become a critical component of many

criminal investigations. The collection and storage of DNA samples are essential to the

increased efficiency and success of forensic investigations by providing more clues at a

crime scene with otherwise insufficient evidence, proving someones innocence, and

identifying victims and suspects.

At a crime scene itself, one of the most important things that a forensic investigator looks

for is evidence. The physical and biological evidence left behind are essential to determining the

events that took place, and both the victims and possible suspects who could have committed the

crime. Oftentimes, there is physical evidence available, such as certain objects that belonged to

the victim or perpetrator, or the weapon used to incite any violence. However, there are also

instances where not many clues are left behind to indicate what occurred at the scene of the

crime. This is where the role of DNA comes in. According to the Forensics Genetics Policy

Initiative, [p]eople can leave traces of their DNA at a crime scene because it is inside every cell

of their body. Any of the biological material, such as blood, semen, saliva or hair roots,

contains DNA, which can be extracted [] using a chemical process. Tiny amounts of DNA
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can sometimes be extracted from a single cell such as cells shed from someones skin when

they touch an object using new sensitive techniques (known as low copy number DNA)

(DNA Databases and Human Rights). This is extremely helpful to crime investigations as it can

provide a window into what really happened, even without any physical evidence to aid the

inquiry. DNA testing would especially be useful in investigations where time is a factor, or where

there are no suspects in question. By having a DNA bank, the samples obtained from the crime

scene can then be compared to the already existing DNA samples that have been stored to see if

there is a match.

When there is insufficient evidence, it can be difficult to obtain any leads to shed light on

the crime and help bring the perpetrator to justice. However, with even the smallest bits of the

DNA found, many breakthroughs could occur that would not have been previously possible.

Using a system known as STR, short-tandem-repeats, any fragments of DNA found at the scene

of the crime can then be replicated to form a longer strand of DNA on which tests can be

performed to determine whose it is. Only a few cells can be sufficient to obtain useful DNA

information to help your case, which can then be replicated using STR. This means that just

because [one] cannot see a stain does not mean there are not enough cells for DNA typing

(DNA Evidence: Basics). This in particular has been a real advantage to forensic investigations

that have been unable to be solved. Thanks to DNA profiling, many cold cases that have not been

solved for years can be reopened with even the smallest amount of DNA stored from the case.

One case in particular involved a previously unidentified man who had followed a woman and

then brandished a knife at her, both raping and robbing her after that. He had disappeared and

could not be found, but Mr. Cyrus Vance, the district attorney of Manhattan, reopened and solved

the case using DNA. The case was the latest in Mr. Vances effort to use DNA to crack cold
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cases, particularly unsolved murders and sex crimes. After he pushed for years to expand the

states DNA database to require all convicts rather than a limited number to submit

samples, New York did just that in 2012. Mr. Vance considered it among his chief legislative

victories (Baker). Thus, due to the storage and database of DNA samples, many old cases have

been able to be solved, helping give the victim relief, and the antagonist the justice they

deserved.

There are also circumstances where a suspect may confess due to internal or external

forces or pressures when in fact they have not committed the crime, and are innocent. The case

of Colin Pitchfork involved this, and was actually the first time DNA profiling was used not only

to prove someones innocence, but also to convict the true felon (Butler). In 1983, Lydia Mann, a

15-year-old girl in Britain, was found on the side of the road, and had been raped and strangled

by an unknown man. Unfortunately, there were not enough clues to find a perpetrator, and the

case was left alone. After two years however, another girl, Dawn Ashworth, who was the same

age as Lydia, was found raped and strangled in the woods. The similarities between the two cases

lead the police to link them, and the search for the murderer of the two girls began. At the

beginning, it appeared that the case would be closed quickly when 17-year-old Richard Burkland

confessed to the murder when questioned by the cops. However, using the newly discovered

technique of DNA profiling, it was found that Burklands DNA did not match the DNA found on

either Lydia or Dawn, and his innocence was proven. Without the DNA profiling, Burkland may

have been convicted for two crimes he did not commit, while the true murderer may have stayed

free, and could have continued to commit heinous crimes. However, with the new technology,

Colin Pitchforks DNA was found to match the DNA with both the girls, and was arrested and

received a life-long sentence for his atrocious actions.

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While the justice system in America has had many successes in putting away those who

have committed crimes, there have also been unfortunate mistakes made when prosecuting some

people who are actually innocent. Whether there was not enough evidence to prove innocence, or

the extenuating circumstances all seemed to point to guilt, or there was an error in the way

evidence was processed and handled, there are occasionally times when innocent people are

accused and convicted of crimes they did not commit. With the fairly recent development in

DNA technology, it has been possible to look back on previous sentences, and conclusively

determine if the convict was indeed guilty. Thankfully, many people who have been wrongfully

accused have now been deemed innocent thanks to the DNA tests, and have been released. In

fact, an organization was created with the purpose to help those wrongfully convicted, known as

the Innocence Project. Using mainly DNA samples, the group has successfully been able to help

prove the innocence of many already convicted. In the case of Nathaniel Epps and Percell

Warren, the two men were accused and convicted of raping and beating a woman, threatening to

kill her and her infant. Years later, the Innocence Project looked into the case further, and found

that the results from DNA testing prove that Epps and Warren didnt commit the crime as []

claimed. Testing of a hair found on the bedspread on which the victim was raped excluded Epps

and Warren, as well as the victim, her daughter and her ex-boyfriend, indicating that the hair

came from someone elsenamely, one of the actual perpetrators (New DNA Evidence Proves

Innocence). In addition, in Illinois, Governor George Ryan applied DNA testing to death row

inmates in 1998 and found 13 of the 25 could be exonerated by the results. He immediately put a

moratorium in executions. The resulting study recommended 85 ways to prevent the death of

innocents, with DNA testing at the core (5 Real-Life Cases). This is an extremely crucial use for

DNA profiling, as it prevents the death of innocent victims. While a wrong sentence can be
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revoked and ended, unfortunately, a wrong death sentence can not be taken back, so the DNA

tests have been extremely useful for saving their lives.

Perhaps one of the most valuable uses of DNA in forensic investigations is to identify the

victims and suspects. By having an individuals DNA present at the crime scene, it places the

person there, even if they had previously contradicted or denied that was the case. This is

especially true if the person had never previously been there before, ensuring that the DNA

present was there in conjunction with the crime. According to the National Institute of Justice,

DNA does more than just identify the source of the sample; it can place a known individual at a

crime scene, in a home, or in a room where the suspect claimed not to have been. It can refute a

claim of self-defense and put a weapon in the suspect's hand. It can change a story from an alibi

to one of consent (DNA Evidence: Basics). Physical evidence, while helpful, can not always be

as concrete and helpful as DNA because not only is the evidence not necessarily unique, it

cannot always be directly identified with a single person. DNA is useful to identify an

individual because everyones genetic code is thought to be unique, unless they have an identical

twin. The string of chemical letters in a persons DNA can therefore act like a unique bar code to

identify them (DNA Databases and Human Rights). If an individuals DNA matches with the

DNA found at the scene of the crime, then they may have a connection with the crime.

In addition, it is not currently possible to tamper with the DNA found at the scene.

However, this is not always true for other evidence, whether the location of the weapons

changed, the physical evidence removed, or the security tape filming the crime tampered with

and doctored to obscure the details of the crime. In addition, the use of DNA banks would be

very helpful for identifying the victim of the crime, especially if the body cannot be identified

due to marring to the point of being beyond recognition or simply if no one is able to identify the
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body. In crimes such as these, DNA is essential to determining the identity of the victim, and

would be especially helpful if everyones DNA was stored, and the DNA obtained from the

victim could be compared to all those in storage until a match is made. However, even if it

happens that the victims DNA had not previously been stored, [b]ecause a person inherits half

their DNA from their mother and half from their father, it can also be used to identify their

relatives. Close relatives have a DNA sequence that is more alike than distant relatives or than

someone who is unrelated (DNA Databases and Human Rights). Thus, if the DNA is similar to

anyone elses in the bank, it can signify relationship, and can also lead the investigators closer to

determining the victims identity.

As the use of DNA becomes more popular in forensic investigations, its controversies

have been brought to light to more of the public. DNA is the essential building block of all

humans, and contains the genetic makeup that makes every individual unique, and thus it is very

important, and many believe that its contents should be private and protected. While it is

essential that individuals privacy is safeguarded, the extreme benefits of its use cannot be

understated, and DNA has been essential to the solving of many difficult cases. If samples of

DNA are properly collected and stored, the police force and forensic investigations will continue

to resolve many investigations and correctly identify and punish dangerous criminals who,

without the DNA samples, may never be caught, and continue to terrorize and threaten the safety

of law-abiding citizens. At the scene of the crime itself, the presence of DNA can aid

investigations by learning more about what the crime is and how it happened. This is especially

useful when there is a lack of other physical evidence to give a picture of the events that took

place, or if the evidence available has been tampered with in some way, making any assumptions

based on it unreliable. In addition, the use of DNA testing has already been used countless times
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to prove someones innocence, preventing innocent people from being sentenced to time in

prison, or even worse, sentenced to death. By clearing up the innocence of people, it allows the

police to narrow the list of suspects, and hopefully be able to match the DNA with the real

culprit. The uniqueness of DNA to each individual is what makes it able to determine the identity

of victims and suspects, both of which are essential information for the police to gather to even

have a chance of solving the case and catching the criminal. Despite reservations some people

may have about the ethical and legal concerns regarding the collection and use of DNA samples,

it is clear that they are extremely important to forensic investigations, and can make the

difference between the case going cold, and the correct perpetrator being brought to justice.
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Works Cited

Baker, Al. "Suspect Is Identified and Arrested in a Manhattan Rape from 1995 After a DNA

Match." The New York Times, 1 May 2015.

Butler, J. M. Fundamentals of Forensic DNA Typing. London, Academic Press, 2010.

"DNA Databases and Human Rights." Forensic Genetics Policy Initiative,

dnapolicyinitiative.org/resources/dna-databases-and-human-rights/. Accessed 3 Jan.

2017.

"DNA Evidence: Basics of Identifying, Gathering and Transporting." National Institute of

Justice, 9 Aug. 2012. Accessed 4 Jan. 2017.

"5 Real-Life Cases Where DNA Profiling Changed Everything." Forensic Outreach,

forensicoutreach.com/library/5-real-life-cases-where-dna-profiling-changed-everything/.

Accessed 30 Dec. 2016.

"James Bain." Innocence Project. Accessed 2 Mar. 2017.

Michael, Katina. "The Legal, Social and Ethical Controversy of the Collection and Storage of

Fingerprint Profiles and DNA Samples in Forensic Science." International Symposium on

Technology and Society: Social Implications of Emerging Technologies, 2010.

"New DNA Evidence Proves Innocence of Two Men Convicted of 1996 Rape." Innocence

Project, 22 June 2016. Accessed 30 Dec. 2016.