Wrongful Convictions: Judicial System & Forensic Science - Essay Sample

Introduction

The judicial system is increasingly proving the reason for many wrongful convictions and imprisonment despite that it is an essential link between the law and science and technology. This essay has expounded more on the types of examinations involved in forensic science during investigations. The paper has gone further to look at the reality of the actual necessity of including judicial systems in our law enforcement agencies and the recommendations by the National Academy of Sciences report in 2009 (Giannelli, 2010).

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Forensic science has greatly enhanced the ability to examine minute clues at the crime scenes using rigorous instrumentation methods. The following types of examinations can prove that minute specimens are evidence;

Spectroscopy

Forensic sciences majors on the criminalities acquired from the crime scene (s) and evaluating bodily fluids in the lab that can be deducted relevant information for the investigation. Spectroscopy is a modern method that is nondestructive to the evidence compared to traditional methods (Ward & Osterburg, 2013). The technique conserves the evidence while still testing it using mobile instrumentation that carried out at the crime scene. Spectroscopy also does not require the specimen to be prepared for its evaluation using a spectrometer. The results are convincing and highly detailed for the examined criminalistics. Types of samples that this method can analyze are bodily fluids, chemical impurities, and others.

X-Ray Diffraction

This method is accessible, except its use has been limited to few highly specialized labs globally like the FBI. The technique is also nondestructive and sensitive to compounds with a collective identity but reacting differently in varying environments. X-ray diffraction in forensic fields can analyze inadequate quality evidence even in the smallest amounts (Kotrly, 2006). Another advantage is that the method sanctions' precise identification of stages in a mixture, and it is convincingly decisive for an investigation to take shape in the court. This method can thoroughly analyze the following types of samples; soil samples, drug samples, and explosive residues. In drug samples, it can be done by equating the concentration peaks of the drug constituents (for instance, organic ones) and then comparing the results to those of another sample.

Neutron Activation (NAA)

Criminalists/forensic samples may be biological or non-biological. NAA differs from other methods in that it is dependent on the nucleus of an atom. This method measures the radioactivity of the to-be evaluated matrix when triggered using neutrons. Therefore, the forensic team will require a source of neutrons and, most importantly, concretely understanding the bombardment of neutrons' concept. Bullet remains, plastic material, hair, and fingernails are examples of samples analyzed in this type of examination.

Scanning Electron Microscope/Energy Dispersive X-Ray (SEM/EDX)

Electron microscopy applies the concept of electron beam interacting with the sample to emit signals, which are detected by specific types of detectors in place. This method typifies compounds to achieve an approximation of the sizes and their allocations of metal atoms on support. The SEM technique of image creation involves subordinate electron discharges from the surface of the sample (Millette, 2012). Examination of the impressions on cartridge cases, firearm markings, and others apply the SEM technique. EDX identifies X-rays to yield the initial analysis.

Capillary Electrophoresis (CE)

This type of analysis unravels and distinguishes short cycle recurrence alleles in the DNA labs for forensic use. CE is under forensic biology, which is part of CE, which also covers forensic chemistry in some analysis like explosive residues. Illicit drug samples and some other toxic samples fall under forensic biology. CE sustains separation ability, fast examination period, and, it is an economical method, as least samples are required to create bulks of data results.

The investigator is not obliged to be familiar with the scientific examination methods discussed above to have a concise understanding of forensic tools. Otherwise, he/she can use another expert to apply the same. The following are types of forensic examinations;

Fingerprint Matching

Fingerprints remain unique in each individual and are searchable in a database by the police. The prints can only become obsolete in events of physical injury or intentional abrasion by the person. The fingerprints act as prints in the crime scene, and they are substantial evidence in the court to connect the suspect to the crime. The police investigate any other possibility of the fingerprints being on the crime scene during the investigation process.

DNA Analysis

The DNA profile of each individual is as unique as the prints except in twins and other rare cases. DNA at a crime scene is substantial evidence that can convict a criminal or, in some other cases, exonerate an unlawfully imprisoned person. The investigative task is to take the suspect's DNA and submit to the database for comparison and future use.

Chemical Examination

Chemical analysis is used in wide ranges of investigations extending from arsons, terrorism, and illegal drug gunshots to explosives. The investigative part is to submit the evidence to the lab for the forensic team to analyze the crime scene. Biological agents fall under forensic biology and are acts of terrorism too.

Forensic Archeology

This involves the exhumation of bodies by the experts and recording the details in an organized manner. They are also tasked to record the recovered weapons or artifacts that relate to the crime. The police are tasked with further investigating and matching the exhumed body and items to the crime.

Criminological Entomology

This field aims at estimating the time of death for a body left out to decompose. An entomologist examines the bugs and insects on the body to determine the time of death. The investigative part is not only determining the time of death but also identifying the body itself.

Forensic Identification Unit

This field involves well-trained officers who specialize in judicial activities like crime evidence collection, photography, and fingerprint analysis. They are at the front in crime scenes carrying out examinations involving fingerprints and bodily fluids that are invisible to the human eye. They record and preserve the evidence using photography and other specific tools.

Analysis of Criminological Documents

This involves private contractors whose work is to carry out fraud investigations of materials such as contracts, wills, bank statements, and others. The articles have to be examined to determine whether they are genuine and unforged. The investigative part is to compare the signatures for authenticity.

Criminal Outlining

This involves creating the most estimate profile of the suspect with respect to a previous historical similar case. This consists of sketching information from the past and relating to the investigation. This team works with other experts like psychosomatic profilers to solve such cases.

Fabre and Hair Examination

Human suspects leave strands of hair at the crime scene as hair sheds off their body or pieces of cloth fiber as they brush against their victims' house. These pieces act as a piece of evidence by comparing the suspect's hair to that recovered from the crime scene using DNA evaluation or the clothes he/she wore when committing the crime. The process is, however, not scientific but can prove the connection between the suspect and the offense.

Ballistic Examinations

This type involves gun-related crimes, which investigators use to analyze the murder weapon/firearm used. This type seeks to handle the exclusivity in the features between the guns used and the bullets recovered at the crime scene. The investigative part is coming up with the ballistic fingerprints.

Question 3 2009 National Academy of Sciences Report

The report determined that most forensic techniques and science schemes used in courts are defective and lack sufficient scientific validity. The report found out that the national government's commitment to renovating the issue was insignificant. The government reacted to this report later in 2013 by deploying the National Commissions of Forensic Science (NCFS) to examine the raised issue (s) and make necessary recommendations.

The raised findings, in my opinion, are legitimate, considering that countless innocent persons have served decades of imprisonment. Incriminating evidence based on scientific knowledge is varying and should be incomparable to the traditional methods like fingerprinting, which are concrete.

The recommendation aims to end the bias between the criminal justice system and the forensic setting that could compromise the judicial system (Giannelli, 2010). Crime laboratories influenced by biased teams or persons are part of the reason for the unlawful convictions that are on the rise. In my opinion, I agree with this recommendation. Independent crime laboratories are linked directly to the national government rather than to the enforcement agencies, which can reduce cognitive bias. For instance, motivational bias involving personnel favoring one side of the prosecution cannot stay unnoticed by the national government.

Film: "When They See Us"

This 2019 Netflix limited series directed by Ava DuVernay (Herzog, 2019)is based on a true story involving wrongful convictions that befell the famous "Central park five" in the spring of 1989. The storyline in this TV show is based on persons of color who were abused and imprisoned by the judicial system for crimes they did do.

In episode 1, the boys are arrested and coerced to wrongful confessions against each other by the police officers in the absence of their parents and led to believe they are guilty. They are forced to give conflicting faiths against their friends from the neighborhood of Harlem so that the prosecutors can forge a plot and expedite a guilty ruling on them. The wrongful conviction is later solved when the real suspect confesses after meeting with Korir (one of the boys) in prison, and the DNA test results prove his confession is true. The boys are exonerated after spending a lifetime in prison, making the series very 'emotional.'

Conclusion

Forensic science is a broad field that not only links the science and technology with the judicial system but also, has continuously proven helpful in inventing new ways to prosecute in courts. Forensic science is a necessary field despite having several flaws, which means it's a unit that cannot be excluded from the judicial system.

References

Giannelli, P. C. (2010). Independent Crime Laboratories: The Problem of Motivational and Cognitive Bias. Scholarly law Faculty Publications, 21.

Herzog, K. (2019). Where the Key Figures From When They See Us Are Now, Vulture.

Kotrly, M. (2006). Application of X-ray diffraction in forensic science. Institute of Criminalistics Prague.

Millette, S. B. (2012). Electron Microscopy in Forensic, Occupational, and Environmental Health Sciences. New York: Springer Science & Business Media.

Ward & Osterburg & Osterburg & Osterburg, J. W. (2013). Criminal Investigation: A Method for Reconstructing the Past, Sixth Edition. New York: Routledge Co.