NCJ Number
187804
Journal
Judicial Officers' Bulletin Volume: 12 Issue: 8 Dated: October 2000 Pages: 57-60
Date Published
October 2000
Length
4 pages
Annotation
The previous issue of the Judicial Officers' Bulletin featured articles on the science and forensic use of DNA; the current article discusses broader issues in the use of DNA evidence in New South Wales (Australia), such as the need to ensure that human rights are protected and the State resources are used in the most effective manner possible.
Abstract
Effective controls must govern the procurement of body samples from individuals for DNA testing as well as the use of those tests. A basic principle of law is that a person ought not to be obliged without good cause and authority of law to incriminate himself/herself regarding a criminal offense. Respect for individual privacy is another tenet of advanced societies. Effective controls must be instituted to ensure that the presumption of innocence, which is central to the Australian criminal justice system, is not eroded and that officials, including police, may only intrude into the lives of individuals with just cause that can be established to the satisfaction of an independent judicial officer at the time or subsequently. When an individual objects to the providing of a body sample, whether for DNA testing or otherwise, such objection must be addressed by reference to legal criteria that take into account the need to establish a strong reason to authorize the state to extract a body sample from a suspect in the face of that person's refusal to consent to the intrusion. Further, effective procedures must ensure that DNA samples are not contaminated. Integrity must be ensured for the collection of samples and their transmission, storage, testing, reporting, and preservation for the scrutiny of independent experts and the courts. Also, procedures must be established for the destruction of DNA samples when a person is acquitted of the crime for which the samples were procured. The foregoing principles, as well as other standards discussed in this paper, do not constitute reasons to reject the advances of science and the benefits of DNA testing; however, they are reasons to proceed with care and to monitor any new legislation that is implemented. 19 notes