Court DNA Testing
DNA Test helps to determine an individual’s biological characteristics. It is the genetic design in the body that is derived from both the mother and the father equally.
Court DNA Testing is now a common phenomenon for solving complex cases both civil and criminal in nature. With the introduction of DNA test Criminal investigation has become very swift.
In various developed countries Laws and legislations have been modified since the DNA test are taken into consideration in the legal system DNA examination is of greatest significance in determining the father of the child in civil quarrels.
The Dependency on DNA test, in court cases has posed grave challenges to the basic rights of an individual such as the ‘Right to privacy”. Due to this sometimes the court is averse to accept evidence based on DNA Results.
DNA technology assists in numerous ways to facilitate in resolving Court cases, such as:
1. Court Relies on material proof and the DNA Test helps in flawlessly identifying the person responsible for a crime.
2. The acceptability of the DNA verification before the court depends on its precise and appropriate collection, conservation and records which can convince the court that the facts which have been put in front are dependable.
3. Fingerprint Identification has helped in elimination of the suspects and narrow down to the exact culprit.
4. DNA test of Semen has helped in linking the criminal in cases of sexual assault and rape.
5. DNA Test is also done on Saliva and hair to catch the culprits.
6. The court with the support of the DNA Test permits to vindicate innocent people who have been alleged of crime. Therefore it helps the judiciary system to clear their doubt on suspected people and avoid punishing the innocent.
If the court instructs for a DNA test results, the sample is taken and the result is given within 5 to 7 working days, pre-booking for an appointment is required in case of court DNA testing. The person to take the DNA test has to come prepared with all the paperwork of Court ordered DNA Test. Two passports size photographs and Original Identity proof is required for submission before the test can be taken. In case if the child’s DNA is to be tested then the Birth certificate of the child needs to be produced.
In the Criminal Justice System the DNA Tests have more benefits than just identification of the samples of the alleged and the guilty. DNA Samples are more easily identifiable at a crime scene then fingerprints as Blood samples; hair and saliva can be easily found and tested. Another advantage of the DNA Sample is that it does not perish or vanish with time for instance the DNA in a piece of hair can be examined years after the crime took place. Therefore the judiciary system has faith in the results of the DNA Test performed at the government Forensic laboratories.
However the Defence attorney are doubtful of the DNA test results as there is an argument that it can be forged for self-gain, or be infected due to inappropriate Police measures or defective laboratory might produce wrong results.
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