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Description
DNA technology, a predominant forensic technique, is more or less infallible in identifying criminals when biological material is left at a crime scene. It sharply minimises the chances of probability factors and subjectivism in judicial process, however, this technology has some inherent factors that would give rise to problems in the conventional system of justice. It may touch the human rights of the accused like right to privacy, right of silence, etc. Most countries that have introduced DNA technology in their administration of justice are facing the misuse or abuse of genetic materials. Scientific inquiry may be unbiased and infallible, but the human factors that regulate the ultimate decision of the examination are always subjective as well as fallible. The probability of manipulation of this type of scientific evidence by unwarranted intervention by the human agencies cannot be ruled out. The present book, DNA Technology in Administration of Justice, elaborates the above position in the field of justice. The author has made an effort to strike a balance between the two conflicting view points of prosecution and defence in a criminal proceeding. The author also suggests the ideal approach to deal with the said problems in suggesting suitable legislation in dealing with the DNA evidence. This book will prove to be indispensable to investigators, judges, lawyers and academicians who are interested in implementing this new technology for achieving better administration of justice without affecting the human rights of the accused persons.
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Contents
Chapter 1 - Introduction and Methodology
1.1 - An Overview
1.2 - Technological Revolution and Social Change
1.3 - Impact of Changing Society in the Value Based System of Justice
1.4 - Development of Genetic Science and Its Impact on Justice System
1.5 - Development of DNA Evidence and Its Impact on the Legal System
1.6 - DNA Technology as a Tool of Forensic Science
1.7 - Application of DNA in Administration of Criminal Investigation
1.8 - Application of DNA Technology in Administration of Civil Justice
1.9 - Research Questions and Methodology
Chapter 2 - Scientific Explanation of DNA, DNA Fingerprinting and Its Methodologies for Legal Application
2.1 - Historical Conspectus before DNA
2.2 - What is DNA?
2.3 - Structure of DNA
2.4 - What is DNA Fingerprinting?
2.5 - DNA Identification Test
2.6 - Biological Samples of DNA Identification Test
2.7 - Procedure and Techniques of Collection of Samples for DNA Testing
2.8 - Preservation of Biological Evidence and Documentation
2.9 - Laboratory Initial Processing Procedures
2.10 - Summary
Chapter 3 - Development of DNA Fingerprinting as Latest Tool of Forensic Science: International Perspectives
3.1 - An Overview
3.2 - Law and Application of DNA Evidence in USA
3.3 - Law and Application of DNA Evidence in United Kingdom
3.4 - Law and Application of DNA Evidence in Greece
3.5 - Law and Application of DNA Evidence in Spain
3.6 - Law and Application of DNA Evidence in Portugal
3.7 - Law and Application of DNA Evidence in Austria
3.8 - Law and Application of DNA Evidence in Switzerland
3.9 - Law and Application of DNA Evidence in Finland
3.10 - Law and Application of DNA Evidence in Sweden
3.11 - Law and Application of DNA Evidence in Netherlands
3.12 - Law and Application of DNA Evidence in Denmark
3.13 - Law and Application of DNA Evidence in Norway
3.14 - Law and Application of DNA Evidence in Ireland
3.15 - Law and Application of DNA Evidence in France
3.16 - DNA Evidence and Ethical Issues in France
3.17 - Law and Application of DNA Evidence in Belgium
3.18 - Law and Application of DNA Evidence in Germany
3.19 - Law and Application of DNA Evidence in Italy
3.20 - Law and Application of DNA Evidence in Australia
3.21 - Law and Application of DNA Evidence in New Zealand
3.22 - Summary
Chapter 4 - Comparative Study of Growth Of DNA Testing and DNA Databank In The Legal Systems of Developed Countries
4.1 - Need for Developing DNA Databank
4.2 - Essentials of DNA Testing
4.3 - Reasons for Conducting a DNA Test: Accused and Non-Accused
4.4 - Disclosure of Test Results in the Criminal Process
4.5 - The Rules of Evidence: Admissibility of Genetic Test Results
4.6 - Standard of Proof which Applies to DNA Evidence
4.7 - Objectives behind Developing DNA Database
4.8 - DNA Testing and Databank in Argentina
4.9 - DNA Testing and DNA Databank in Australia
4.10 - DNA Evidence and DNA Databank in Denmark
4.11 - DNA Evidence and DNA Databank in Finland
4.12 - DNA Evidence and DNA Databank in Germany
4.13 - DNA Evidence and DNA Databank in Japan
4.14 - DNA Evidence and DNA Databank in New Zealand
4.15 - DNA Testing and DNA Databank in South Africa
4.16 - DNA Evidence and DNA Database in Spain
4.17 - DNA Evidence and DNA Database in United Kingdom
4.18 - DNA Databank in USA
4.19 - Summary
Chapter 5 - Response of the Indian Legal System in Adopting Scientific DNA Evidence in Administration of Justice
5.1 - An Overview
5.2 - Application of DNA Technology in the Indian Criminal Justice System
5.3 - Application of DNA Technology in Indian Cases of Paternity Dispute
5.4 - Analysis of Judicial Decisions Regarding Admissibility of DNA Evidence
in Paternity Dispute Cases
5.5 - Section 112 of the Indian Evidence Act 1872 Vis-A-Vis DNA Testing
5.6 - Lack of Interaction between Science and Law: One of the Major Problems
of Our Judicial System in Application of DNA Technology
5.7 - Dilemma of the Indian Courts in Evaluating DNA Evidence
5.8 - Application of DNA Technology in Criminal Cases Facts
5.9 - Application of DNA Test in the State of West Bengal
5.10 - Conflict Between Right To Privacy and Application of DNA Technology:
Role of Legal Systems of Various Countries
5.11 - Critical Aspects of Application of DNA Technology in India
5.12 - Need for A Specific DNA Legislation in India
5.13 - General Statements
5.14 - Summary
Chapter 6 - Conclusion and Suggestions
6.1 - An Overview
6.2 - Findings of the Preceding Chapters
6.3 - Criticism against the Use of DNA Evidence
6.4 - Disclosure of Expert Reports
6.5 - Destruction by Testing
6.6 - Evidentiary Admissibility Rules
6.7 - Certification Procedure
6.8 - Analysis of the Above Criticisms
6.9 - Concluding Remarks— In Search of Further Research
Annexure 1 - DNA Tests Conducted By CFSL, Kolkata during 1997-2002
Appendices
Appendix 1 - Universal Declaration on the Human Genome And Human Rights 1997
Appendix 2 - European Convention For The Protection Of Human Rights and Dignity Of The Human Being With Regard To The Application Of Biology and Medicine: Convention On Human Rights And Biomedicine 1997
Appendix 3 - (UK) Criminal Justice and Public Order Act 1994
Appendix 4 - (UK) Police and Criminal Evidence Act 1984
Appendix 5 - (US) Violent Crime Control and Law Enforcement Act 1994
Appendix 6 - (Canadian) DNA Identification Act 1998
Appendix 7 - Landmark Decisions on DNA
Appendix 8 - (South Australia) Criminal Law (Forensic Procedures) Act 1998
Appendix 9 - (Australia) Crimes Act 1914
Appendix 10 - (UK) Criminal Justice and Police Act 2001
Appendix 11 - Post-Conviction DNA Testing In USA: Recommendations For Handling Requests
Index
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Author Details
Jyotirmoy Adhikary is currently practicing as an advocate in the Calcutta High Court, and has conducted several criminal cases dealing with questions on DNA evidence. Mr. Adhikary possesses practical experience in the field of the application of modern DNA technology in the justice delivery system. He took up the issue of 'DNA Evidence' for his LL M dissertation in Calcutta University, which received widespread appreciation from the academia, including Prof NR Madhav Menon; Justice Asoke Kumar Ganguly, presently the Chief Justice of Orissa High Court; and Dr Kashyap, Director, National Institute of Biologicals. For his thesis entitled 'Application of DNA Finger Printing in Administration of Justice: A study of Problems and Prospects in Indian Legal System', Mr. Adhikary has been recently awarded Ph D (Law) Degree from the Calcutta University. He is also responsible for proposing a model legislation on the subject of DNA evidence for India.
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