A disturbing piece over at Strange Justice in Australia today. It has been announced that a processing error at a New South Wales Health lab led to the wrongful conviction of a man for breaking and entering:
NSW Health discovered the error in its "cold links" system while conducting a review earlier this year. The system matches DNA evidence collected at a crime scene with people on the state DNA database. The review found NSW Health's DNA laboratory mistakenly linked a man to a break and enter because of human error.
The added emphasis is mine, as if it didn't scream out enough already.
The poor chap was convicted of the offence in early 2008 and has had it around his neck ever since, quite unjustly. But convictions on this sort of basis are nevertheless very common because people think that DNA evidence is totally infallible. What this actually means is that they are convinced that the science is accurate, without contemplating the fallibility of the technicians processing the samples, of those responsible for gathering and retaining them, etcetera.
You will of course be struck by the thought: well, what if they hadn't identified the error?
Many people, some of whom will be in prison having been convicted solely or largely due to DNA evidence, will have such thoughts. That's why William Sessions, the FBI Director who oversaw the introduction of DNA evidence, has called for post-conviction DNA analysis as of right for those convicted using it. Both in the USA and here, his calls have gone unanswered.
Sessions' article also contains a number of equally alarming examples of poor procedure with regard to DNA use. They're quite shocking. They're in accordance with a University of Texas study from 2002 that suggested false results occur in as many as one in every hundred DNA tests in the United States. An old study, you might say - but then, there are plenty of people serving prison sentences from that time who think it pretty current. And at least they're even alive to the existence of the issue in the USA.
It's a sort-of Big Brother Watch issue, I suppose. Technology has its place in law enforcement, of course. But along with being mindful of the imperative to find and convict the guilty, the perils of wrongful conviction as a result of tools we trust too much seem to have been forgotten.
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