Application of DNA in California in Criminal Cases

DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science

This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole.

DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. Crime scene evidence can also be linked to other crime scenes through the use of DNA databases. DNA evidence is generally linked to DNA offender profiles through DNA databases. In the late 1980's, the federal government laid the groundwork for a system of national, state, and local DNA databases for the storage and exchange of DNA profiles. This system, called the Combined DNA Index System (CODIS), maintains DNA profiles obtained under the federal, state, and local systems in a set of databases that are available to law enforcement agencies across the country for law enforcement purposes. CODIS can compare crime scene evidence to a database of DNA profiles obtained from convicted offenders. CODIS can also link DNA evidence obtained from different crime scenes, thereby identifying serial criminals. (Lee)

When properly documented, collected, and stored, biological evidence can be analyzed to produce a reliable DNA profile years, even decades, after it is collected. Just as evidence collected from a crime that occurred yesterday can be analyzed for DNA, today evidence from an old rape kit, bloody shirt, or stained bedclothes may contain a valuable DNA profile. These new analysis techniques, in combination with an evolving database system, make a powerful argument for the reevaluation of unsolved crimes for potential DNA evidence. Knowledgeable law enforcement officers are taking advantage of powerful DNA analysis techniques by investigating crime scenes with a keener eye toward biological evidence. The same new approach being applied to crime scene processing and current case investigation can be applied to older unsolved cases. Law enforcement agencies across the country are establishing cold-case squads to systematically review old cases for DNA and other new leads. This report will serve as a resource to assist law enforcement with maximizing the potential of DNA evidence in unsolved cases by covering the basics of DNA analysis and its application to forensic casework. The report will also demonstrate how DNA database systems, advancing technology, and cooperative efforts can enhance unsolved case investigative techniques.

MASTER'S THESIS

Introduction

Shortly after dawn on Tuesday, November 22, 1983 the body of a fifteen-year-old girl was found brutally raped and strangled on a narrow dirt footpath near the English village of Narborough in Leicestershire. Her name was Lynda Mann. A semen sample taken from her body was found to belong to a person with type A blood and an enzyme profile, which matched only 10% of the adult male population. Even though a massive manhunt was launched the case remained unsolved. Three years later the killer struck again, this time killing fifteen-year-old Dawn Ashforth in almost the identical spot where Lynda's body was found. Semen samples recovered from Dawn's body revealed her attacker had the same blood type as Lynda's murderer. Even though the police knew that these murders were committed by the same man, it took four years, a scientific breakthrough and blood samples from more than four thousand men before the real killer was finally brought to justice. (Lee, 1993)

Solving a murder is never easy. For the most part, unless law enforcement officials get a murderer to confess, it is often difficult to make an arrest and even harder to obtain a conviction unless there is eyewitness testimony or compelling DNA evidence. Many television shows like Law & Order and CSI have glamorized the effectiveness and efficiency of the latest advances in forensic science including the application of DNA matching to link murderers to their victims. Inevitably, within a period of an hour, these fictional detectives solve murders that could take years to solve, even with the best and brightest scientific minds working on them around the clock. On TV, the cops are always able to find DNA samples that have been uncorrupted and are rushed to the lab for processing that rivals the one-hour photo labs at Wal-Mart. The bad guys always leave something behind: a partial thumb print on a nightstand, skin under the victims fingernails, even trilobal carpet fibers that are later matched to the trunk of the murderers car.

In the real world of forensic science, things are not always so easy. In fact, DNA was not used to solve criminal cases until the 1980's. The first murderer to face justice based solely on DNA evidence found at a murder scene was Colin Pitchfork, who in 1988 was sentenced to life in prison for the murders of Lynda Mann and Dawn Ashforth.

Research Hypotheses

In this research paper, I will explain what DNA is and how it is used to solve criminal cases. Additionally, I will discuss the implications of DNA fingerprinting in solving cold cases with a focus on collection methods and applications in the state of California. This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole. This research is driven by studies and collection methods already implemented by the scientific community as well as future methods of collecting and testing DNA evidence as it relates to the investigation of unsolved murders.

Defining DNA

So just what is DNA and how is it being used to solved crimes that were previously unsolvable? DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. The results of this comparison may help establish whether the suspect committed the crime. In cases where a suspect has not yet been identified, biological evidence from the crime scene can be analyzed and compared to offender profiles in DNA databases to help identify the perpetrator. Crime scene evidence can also be linked to other crime scenes through the use of DNA databases. DNA evidence is generally linked to DNA offender profiles through DNA databases. In the late 1980's, the federal government laid the groundwork for a system of national, state, and local DNA databases for the storage and exchange of DNA profiles. This system, called the Combined DNA Index System (CODIS), maintains DNA profiles obtained under the federal, state, and local systems in a set of databases that are available to law enforcement agencies across the country for law enforcement purposes. CODIS can compare crime scene evidence to a database of DNA profiles obtained from convicted offenders. CODIS can also link DNA evidence obtained from different crime scenes, thereby identifying serial criminals. (Lee)

In order to take advantage of the investigative potential of CODIS, in the late 1980's and early 1990's, states began passing laws that required offenders convicted of certain offenses to provide DNA samples. When used to its full potential, DNA evidence may help solve and may even prevent some of the Nation's most serious violent crimes. However, the current federal and state DNA collection and analysis system needs improvements:

In many instances, public crime labs are overwhelmed by backlogs of unanalyzed DNA samples.

Labs may be ill equipped to handle the increasing influx of DNA samples and evidence. The problems of backlogs and lack of up-to-date technology result in significant delays in the administration of justice.

More research is needed to develop faster methods for analyzing DNA evidence.

Professionals working in the criminal justice system need additional training and assistance in order to ensure the optimal use of DNA evidence to solve crimes and assist victims.

According to a recent article in Corrections Today magazine, "DNA evidence is one of the most powerful crime-fighting tools since the advent of latent fingerprint technologies. It has the ability to convict the guilty and free the innocent." (Wilson, et. al. 1999) DNA is an acronym for deoxyribonucleic acid, a double-helix molecule found in the nuclei of cells. DNA is the basic building block of life and is based on the arrangement of four chemicals. The DNA of each and every living creature determines the individual characteristics that they have. "The arrangement of the three billion pairs of bases in each DNA molecule is different for everyone (except identical twins). An individual's DNA is the same in every cell, from the moment of conception to death. A person's DNA in scraped skin cells will be the same as the DNA in his blood, saliva, organs, semen or hair." (Wilson, et. al.)

The Discovery of DNA

So if DNA is the basis of life, why did it take so long for scientists to discover it? "On April 25, 1953, nine hundred words changed the world. Those words constituted the brief report by James Watson and Francis Crick that appeared in the renowned science journal Nature. They began, 'We wish to suggest a structure for... DNA. This structure has novel features, which are of considerable biological interest.' They ended as modestly: 'It has not escaped our notice that the specific pairing we have postulated immediately suggests a possible copying mechanism for genetic material.'" (Lee) In 1991, nearly 40 years after the Nature article was published Watson wrote, "There is no substance so important as DNA... The key to our optimism that all secrets of life are within the grasp of future generations of perceptive biologists is the ever accelerating speed at which we have been able to probe the secrets of DNA." (Lee)

How can a narration of the structure and workings of DNA emerge into a claim that DNA is a roadmap leading to the secrets of life? "Earth's biological past is a four-billion-year journey of the evolution of living organisms, all of which, in each of their cells, harbor long, densely coiled strands of DNA molecules. These serpentine coils are gathered into discrete bundles, the chromosomes. Along the length of each chromosome, the genes (perhaps as many as 100,000 in a human being) are each a unique segment of the chromosomal DNA. The precise details of the molecular structure of the DNA in each gene spell out a genetic code. The cells read the code and respond to its commands." (Lee) The result of this is life.

It has always been obvious to even the non-scientific mind that all living creatures have special attributes that set them apart from other things i.e. growth, movement, reproduction. All forms of life appear to generate others that have these same attributes. Scientists wanted to know how each living creature could be unique, but still share in "this mysterious common denominator, (called) life." (Lee)

As science has continued to ask and answer many questions about DNA, the search has become broader and the tools of science have become more sophisticated. Because of this, scientists have been able to dig even deeper into the mystery surrounding cells. "They finally arrived at the cell nucleus, the membrane-bound sac enclosing the chromosomes. Going further, they learned how to extract and study the chromosomes themselves. The chromosomes turned out to be fashioned out of DNA and proteins." (Lee)

When Watson and Crick presented their study of DNA to the scientific community, "they did much more than describe the three-dimensional symmetry of just one of the thousands of chemicals found in living cells. They had uncovered the secret which would soon lead to a New Biology, in which the evolution and abilities of each living creature would be seen precisely as the result of information flowing from its genes -- messages carried not in the nuclear proteins but in the molecules of DNA." (Lee)

After this discovery, the biological sciences quickly centered on genes. "The applications of this new approach are already beginning to reach into almost every facet of our lives in ways which range from life-saving gene-based diagnostics and treatment to the fashioning of hitherto impossible new genetic forms of animals and plants. Scientists are already well under way on the Human Genome Project, a 15-year-long effort to construct a map locating the 100,000 or so genes which are spread out over our 23 pairs of chromosomes and which spell out the genetic directions for the human race." (Lee)

Along with the powerful knowledge that scientists have unmasked with the discovery of DNA comes a responsibility that many say most humans can not fathom. "Knowledge may not always lead to power, but it is certainly a critical prerequisite to making an informed decision about issues which surface where science and society meet. We are facing a change, which could surpass the Industrial Revolution in its impact on the world." (Lee) In fact, the terms gene and DNA have become part of the American vernacular.

Not a day passes when the words DNA do not appear in a newspaper headline or a magazine article. In recent years, the genes for diseases like cystic fibrosis or certain forms of cancer have been identified. And quite often, we hear reports of legal battles over whether or not courts should accept DNA evidence in criminal court cases.

DNA Testing in Criminal Investigations

Naturally with any monumental discovery, such as the discovery of DNA, the number of ways in which it can be used are infinite. DNA is not only the key to all life -- it is the key to solving murders. DNA evidence coupled with solid detective work will make sure that the guilty are punished and that the innocent are not falsely convicted. Many argue that now that DNA has been established as being the "standard" in many murder cases that laws should be changed that require DNA testing for all cases involving a murder. But should DNA actually change the law? "To date, most of the writing in law about genetic technologies has been about how to manage, control, and prevent misuse of these technologies. That focus is not surprising, because we live in an age of environmentalism, characterized by legal concerns about how to deal with the adverse consequences of past technological revolutions. But as important as managing and controlling the new genetic technologies through law may be, I believe that the major effect of the new knowledge of the human genome on law will be to transform our understanding of human nature. This transformation will then have profound consequences for the law." (Elliot, 2001)

Unfortunately, DNA testing is prohibitively expensive in most cases. And, if state or federal governments were to mandate DNA testing in all murder cases, the cost could be astronomical. Additionally, even without mandating DNA testing there is a backlog of testing that still is waiting at laboratories around the world. In fact, "with an accuracy rate of 99.9%, DNA testing has become a powerful tool for fingering crime suspects. But demand for it has grown so large that the government laboratories that process the results are struggling to keep up." (Price, 2001) There is such a demand for DNA testing in criminal cases, that it is not uncommon to wait for months or even years to have samples processed. "Only in high-profile cases, such as that of Rep. Gary A. Condit, the California Democrat whose DNA has been collected to aid in the search for missing former intern Chandra Ann Levy, are DNA results made available in a matter of weeks. For most DNA tests, results come within three to six months. For cases involving samples of bones, teeth and hair, the testing process can take a year. (Price, 2001) One of the biggest problems facing the criminal justice system today is the substantial backlog of unanalyzed DNA samples and biological evidence collected from crime scenes. "Too often, crime scene samples wait unanalyzed in police or crime lab storage facilities. Timely analysis of these samples and placement into DNA databases can avert tragic results. For example, in 1995, the Florida Department of Law Enforcement linked evidence found on a rape-homicide victim to a convicted rapist's DNA profile just eight days before he was scheduled for parole. Had he been released prior to being linked to the unsolved rape-homicide, he may very well have raped or murdered again." (Price)

DNA analysis and placement into CODIS of DNA profiles can dramatically increase the chances that potential crime victims will be spared the violence of vicious, repeat offenders. "The (federal) initiative calls for $92.9 million to help alleviate the current backlogs of DNA samples for the most serious violent offenses - rapes, murders, and kidnappings - and for convicted offender samples needing testing. With this additional federal backlog reduction funding, the funding provided by this initiative to improve crime laboratory capacity, and continued support from the states, the current backlogs will be eliminated in five years." (Price)

Adding to an already heavy burden, most states including California are attempting to take DNA samples from a prison population approaching 2 million. This DNA information is being used in order to create state and national DNA databases. "All 50 states have passed laws requiring collection of DNA from convicted sex offenders, and 34 states have enacted statutes requiring that DNA be taken from those convicted of other crimes." (Price) Although most are in support of creating such a database, others feel that it is a violation of the American Constitution. Additionally, many proponents of DNA in criminal murder cases feel that DNA is still an unproven science with many inherent flaws that could convict innocent people and allow some to literally get away with murder. "The discovery conflicts surrounding forensic DNA testing moved into a new arena when state laboratories began using DNA kits prefabricated by private corporations. Commercial forensic DNA kits are like chemistry sets: they include all of the materials used in DNA testing and detailed instructions on how to produce results. The kits provide a protocol and ingredients, but the companies are generally reluctant to reveal information unnecessary to the step-by-step testing process. In fact, the companies provide so little information that analysts using kits have been compared to the average person using a VCR -- with no knowledge of the science that makes it work, but happy to push a button and get results." (Mellon, 2001)

Because of the McDonald's-like approach that some labs use to process DNA, it is understandable that criminals who are convicted using DNA evidence demand to know how that evidence was processed. "When defendants seek to discover information about a kit, they must subpoena it from the private corporation that makes the kit. Currently, the primary manufacturers of the kits are Promega and Perkin-Elmer Corporation, successors in interest (at least partly) to DNA typing products originally developed by the Cellmark and Cetus corporations, respectively. Like forensic laboratories, PE and Promega initially resisted defense efforts to obtain discovery of data. Promega, however, eventually published the data that defendants sought. PE, while making limited concessions in individual cases, has continued to fight discovery in other cases." (Mellon) But, even if discovery reveals that the kits were appropriately validated, the data produced in the process could reveal weaknesses of a particular kit model. "Specific DNA tests are associated with specific artifacts. Artifacts are byproducts of the testing process that could be mistaken for evidence of a specific genetic makeup. During developmental validation, the kit should be rigorously characterized with respect to the types of possible artifacts, the conditions under which they are likely to occur, the scientific controls for detecting their occurrence, and the steps to be taken when they occur. The data produced by this study would thus help the defense recognize artifacts that the analyst may have misinterpreted, know whether the laboratory used the proper controls to detect the occurrence of artifacts, and understand whether the analyst responded properly to signs that an artifact may have occurred." (Mellon)

The Future of DNA Testing in Criminal Investigations

But despite challenges, forensic DNA analysis is evolving at break neck speed. The research and development of tools that will permit crime labs to conduct DNA analysis quickly without compromising quality or breaking the chain of custody is vital to improving the time it takes to analyze DNA samples. Smaller, faster, and less expensive analysis tools will reduce capital investments for crime labs and increase their potential to process more cases. Over the course of the next several years, DNA research efforts will focus on the following areas:

The development of "DNA chip technology" that uses nanotechnology to improve both speed and resolution of DNA evidence analysis. This technology will reduce analysis time from several hours to several minutes and provide cost-effective miniaturized components.

The development of more robust methods to enable more crime labs to have greater success in the analysis of degraded, old, or compromised items of biological evidence.

Advanced applications of various DNA analysis methods, such as automated Short Tandem Repeats (STRs), Single Nucleotide Polymorphisms (SNPs), mitochondrial DNA analysis (mtDNA), and Y-chromosome DNA analysis.

The use of animal, plant, and microbial DNA to provide leads that may link DNA found on or near human perpetrators or victims to the actual perpetrator of the crime.

Technologies that will enable DNA identification of vast numbers of samples occasioned by a mass disaster or mass fatality incident.

Technologies that permit better separation of minute traces of male sexual assailant DNA from female victims.

California and DNA

When it comes to murder and debates over forensic DNA evidence in the United States, California often comes to most people's minds. Why? "On any given day, California and Texas vie for the distinction of maintaining the largest penal system in the world. CYACA (California Youth and Adult Correctional Agency) oversees eight departments, boards and commissions. CDC houses 160,000 inmates. Another 7,100 wards are in the custody of the CYA. And 125,000 youths and adults are on parole. A $5.5 billion budget provides for 52,000 employees, 44 prisons, 42 conservation camps, 16 community corrections facilities, eight facilities for inmate mothers with children and 155 parole offices. A staff of 10 communications specialists in Sacramento handle media contacts, along with myriad other duties, such as producing in-house publications, fact-finding and working collaboratively with other administrators with responsibility for areas including legislation, fiscal management and legal affairs. The information officers have both full -- and part-time support staff -- all but three are civil servants. The top communications jobs at the agency, CDC and CYA are appointees of Gov. Gray Davis. Another 62 peace officers in institutions and parole units statewide work with the media in addition to their other responsibilities." (Green, 2001)

There is no doubt that California has been the center of some of the most intriguing DNA murder cases. One of the best known cases is the murder of Nicole Brown Simpson, wife of legendary football hero Orenthal James (O.J) Simpson and her friend Ronald Goldman. Although the State of California felt that they had a compelling case against O.J. Simpson that included DNA evidence, Simpson was not convicted of the murder. (Green)

Some of the DNA evidence introduced at the O.J. Simpson trial included:

Hair evidence: hairs consistent with that of Simpson found on cap at murder scene residence, hairs consistent with that of Simpson found on Ron Goldman's shirt.

Fiber evidence: cotton fibers consistent with the carpet in the suspects car found on glove at his home, fibers consistent with the carpet from his car found on cap at murder scene.

Blood evidence: killer dripped blood near shoe prints at murder scene, blood at murder scene was the same type as Simpson's (about 0.5% of population would match), Simpson had fresh cuts on his left hand one day after the murders, blood found in suspects car, blood found in foyer and master bedroom of Simpson home, blood found on Simpson's driveway.

Shoe evidence: shoe prints found at murder scene were from a size twelve Bruno Magli shoe, bloody shoe impression on suspects car carpet is consistent with a Magli shoe, Simpson wore a size twelve shoe.

DNA Fingerprinting

DNA is used in criminal cases much as fingerprints are used. In fact, many who use DNA commonly refer to it as DNA fingerprinting. "You would have to look for one part in a million, million, million, million, million before you would find one pair with the same genetic fingerprint, and with a world population of only five billion it can be categorically said that a genetic fingerprint is individually specific and that any pattern, excepting identical twins, does not belong to anyone on the face of this planet who ever has been or ever will be." (qtd. In Lee) Therefore, DNA fingerprints are as unique as fingerprints themselves. In fact, most forensic scientists feel that DNA fingerprinting is one of the most significant findings of the last millennia.

So what are DNA fingerprints? They are a record of variations in a person's DNA. "In a particular chromosomal region, for example, a DNA sequence may be repeated 3, 4, or 5 times, or appear only once, on chromosomes from different people. When the DNA from these regions is cut with a particular restriction enzyme the fragments produced differ in length because of this variable number of tandem repeats. After gel electrophoresis, the resulting pattern shows bands indicating the size of the fragments, ranging from the largest at the top to the smallest at the bottom." (Lee)

Regardless of the method used to process DNA, it is common to refer to such DNA analyses as DNA typing. The application of DNA typing has spread quickly through a broad range of disciplines, but most link the term DNA to murder. The first conviction in the United States based on DNA typing occurred in Florida in a November 1987 rape trial. Hundreds more cases soon followed including homicides, rapes, robberies, and hit-and-run accidents. (Lee)

The FBI glorified DNA typing as the best thing to happen to law enforcement. "Director William S. Sessions had reason to be optimistic, given the prevailing attitude toward the technology. As one defense attorney put it: If they print your guy with this stuff you're dead. You can't combat it. There is no defense to it." (Lee) And, although this may be true in some instances where DNA is used, as evidenced by the O.J. Simpson trial, we all now know that even having DNA evidence does not necessarily mean a slam-dunk conviction for the prosecutors' office. "The early enthusiasm among law enforcement officials was understandable. There were and still are well over one million violent crimes reported annually in the United States. These include approximately 90,000 rapes, 20,000 homicides, and 700,000 aggravated assaults. Of the forcible rapes, reported and unreported, over 60% remain unsolved, as are more than 25% of the homicides. Each year approximately 2000 dead children cannot be identified." (Lee) The prospect of having a tool as powerful as DNA fingerprinting for resolving many of these unsolved cases should be considered a marvel of modern science. "A semen stain, a drop of blood, or even a strand of hair might be enough to pinpoint a perpetrator or exonerate an innocent suspect. Wrapped as they are in highly technical jargon, the telltale black spots on the X-ray film at first seemed invincible." (Lee)

Implications of Using DNA to Solve Cold Cases

So if DNA evidence can be used to convict (or exonerate) a killer, what are the implications of the utilizing DNA to solve cases that have gone unsolved for decades (commonly referred to as cold cases)? News stories celebrating the successful use of DNA to solve crimes seem to crop up on a daily basis. In 1999, New York authorities linked a man through DNA evidence to at least 22 sexual assaults and robberies that had terrorized the city. In 2002, authorities in Philadelphia, Pennsylvania, and Fort Collins, Colorado, used DNA evidence to link and solve a series of crimes (rapes and a murder) perpetrated by the same individual. In the 2001 "Green River" killings, DNA evidence provided a major breakthrough in a series of crimes that had remained unsolved for years despite a large law enforcement task force and a $15 million investigation. (Mckay, 2002)

Initial Death Scene Examination and DNA Collection in California

Crime scene examinations should be handled carefully and systematically. Forensic investigators should:

Prudently observe the floor or ground surrounding the body

Look for items of evidence such as stains, marks, etc.

Remember that all crime scenes are three-dimensional.

Shine a flashlight on the ground at an oblique angle, even in the daytime.

Pay close attention to everything as you approach the body.

Do not dismiss anything until its evidentiary value can be determined. Are there any footprints or drag marks? Is there anything on the floor or ground that may be stepped on or destroyed?

Forensic examiners need to determine what, if anything, has been moved or altered by the suspect(s) or anyone else prior to their arrival. It is also important not to move or alter the positioning of the body until after photographs have been taken and all evidence has been collected. Close visual examination of the body and the area immediately around it should be observed and noted. "Look between the arms and legs without moving them. Look at the arms, hands and fingers. Are there defense wounds? Is there anything under the nails that you can see at this time? If you can, try to determine the cause of death and the instrument or method used. Take careful notes of the external appearance of the body and the clothing or lack of clothing. Look at or for lividity, decomposition, and direction of blood flow patterns, remember the law of gravity. Is the blood flow consistent with it? Make detailed notes." (Mack, 1999)

The state of California, like most states has implemented collection standards for collecting DNA evidence at crime scenes:

In standard crime scene procedure, the recovery of blood samples is accomplished by scrapping, swabbing, or collection of the stained item itself.

A scalpel is used to scrape the stain onto a clean piece of paper, evidence envelope, or kemwipe sterile tissue. After each scrapping the scalpel needs to be cleaned, so as not to contaminate the next sample.

The stain can be swabbed by using a sterile cotton patch or cotton swab slightly moistened with distilled water.

If the stained item can be collected it should be packaged in a clean paper container or wrap. If the stain is wet, the stain has to be allowed to air dry before packaging.

All items should be consistently labeled with the appropriate information for identification.

National Commission on the Future of DNA Evidence

In 1995, the National Institute of Justice (NIJ) began research that would attempt to identify how often DNA had exonerated wrongfully convicted defendants. After extensive study, NIJ published a report entitled: Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial. This report presents case studies of 28 inmates for whom DNA analysis was exculpatory.

On learning of the breadth and scope of the issues related to forensic DNA, the Attorney General asked NIJ to establish the National Commission on the Future of DNA Evidence as a means to examine the most effective use of DNA in the criminal justice system. The Commission was appointed by the NIJ Director and was representative of the criminal justice system as a whole. Chaired by the Honorable Shirley S. Abrahamson, Chief Justice of the Wisconsin Supreme Court, the Commission consisted of representatives from the prosecution, the defense bar, law enforcement, the scientific community, the medical examiner community, academia, and victims' rights organizations.

The Commission's charge was to submit recommendations to the Attorney General that will help ensure the best use of DNA as a crime fighting tool and foster its use throughout the entire criminal justice system. Other focal areas for the Commission's consideration included:

crime scene investigation and evidence collection laboratory funding, legal issues, and research and development.

The Commission's working groups, consisting of commissioners and other experts, researched and examined various topics and reported back to the Commission. The working groups' reports were submitted to the full Commission for approval, amendment, or further discussion and provided the Commission with background for its recommendations to the Attorney General.

By nature of its representative composition and its use of numerous working groups, the Commission received valuable input from all areas of the criminal justice system. The broad scope of that input enabled the Commission to develop recommendations that both maximize the investigative value of the technology and address the issues raised by its application.

Conclusions

DNA has proven to be a powerful tool in the fight against crime. DNA evidence can identify suspects, convict the guilty, and exonerate the innocent. Throughout the Nation, criminal justice professionals are discovering that advancements in DNA technology are breathing new life into old, cold, or unsolved criminal cases. Evidence that was previously unsuitable for DNA testing because a biological sample was too small or degraded may now yield a DNA profile. Development of the Combined DNA Index System (CODIS) at the State and national levels enables law enforcement to aid investigations by effectively and efficiently identifying suspects and linking serial crimes to each other. The National Commission on the Future of DNA Evidence made clear, however, that we must dedicate more resources to empower law enforcement to use this technology quickly and effectively.

Using DNA to Solve Cold Cases is intended for use by law enforcement and other criminal justice professionals who have the responsibility for reviewing and investigating unsolved cases. This report will provide basic information to assist agencies in the complex process of case review with a specific emphasis on using DNA evidence to solve previously unsolvable crimes. Although DNA is not the only forensic tool that can be valuable to unsolved case investigations, advancements in DNA technology and the success of DNA database systems have inspired law enforcement agencies throughout the country to reevaluate cold cases for DNA evidence. As law enforcement professionals progress through investigations, however, they should keep in mind the array of other technology advancements, such as improved ballistics and fingerprint databases, which may substantially advance a case beyond its original level.

Advancements in DNA analysis, together with computer technology and the Combined DNA Index System (CODIS), have created a powerful crime fighting tool for law enforcement. CODIS is a computer network that connects forensic DNA laboratories at the local, State, and national levels. DNA database systems that use CODIS contain two main criminal indexes and a missing persons index. When a DNA profile is developed from crime scene evidence and entered into the forensic (crime scene) index of CODIS, the database software searches thousands of convicted offender DNA profiles (contained in the offender index) of individuals convicted of offenses such as rape and murder. Similar to the Automated Fingerprint Identification System

AFIS), CODIS can aid investigations by efficiently comparing a DNA profile generated from biological evidence left at a crime scene against convicted offender DNA profiles and forensic evidence from other cases contained in CODIS. CODIS can also aid investigations by searching the missing persons index, which contains DNA profiles of unidentified remains and DNA profiles of relatives of those who are missing. Because of the recidivistic nature of violent offenders, the power of a DNA database system is evident not only in the success of solving crimes previously thought unsolvable, but perhaps more importantly, through the prevention of crime. When properly documented, collected, and stored, biological evidence can be analyzed to produce a reliable DNA profile years, even decades, after it is collected. Just as evidence collected from a crime that occurred yesterday can be analyzed for DNA, today evidence from an old rape kit, bloody shirt, or stained bedclothes may contain a valuable DNA profile. These new analysis techniques, in combination with an evolving database system, make a powerful argument for the reevaluation of unsolved crimes for potential DNA evidence. Knowledgeable law enforcement officers are taking advantage of powerful DNA analysis techniques by investigating crime scenes with a keener eye toward biological evidence. The same new approach being applied to crime scene processing and current case investigation can be applied to older unsolved cases. Law enforcement agencies across the country are establishing cold-case squads to systematically review old cases for DNA and other new leads. This report will serve as a resource to assist law enforcement with maximizing the potential of DNA evidence in unsolved cases by covering the basics of DNA analysis and its application to forensic casework. The report will also demonstrate how DNA database systems, advancing technology, and cooperative efforts can enhance unsolved case investigative techniques.

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