DNA Evidence: Beyond Reasonable Doubt?
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This paper is a commentary about the importance and relevance of DNA in respect of the criminal justice system around the world, including Bangladesh. DNA evidence is considered to be one of the best types of evidence the 21st century has to offer. But how truthful is such a consideration? Is such evidence beyond reasonable doubt? This study closely examines the case of Josiah Sutton who was convicted of rape in 2000 after his DNA was found to be a direct match of the DNA evidence taken from the crime scene but was later released in 2004. The article therefore, questions the reliability of that very evidence found against him along with other factors that may contribute against the claim of DNA evidence being conclusive. It discusses both the pros and cons of DNA evidence and how relevant legislations in many countries are controlling such limitations or irregularities in their application of DNA evidence. All such information is crucial for making a comparative analysis with Bangladesh. This paper mainly intends to provide a perspective of the existing DNA Act 2014 of Bangladesh by comparing its accomplishments as well as its shortcomings with countries who are utilizing this modern form of evidence to its best possible use, providing recommendations for the current legal application of DNA in Bangladesh.
Abstract
This paper is a commentary about the importance and relevance of DNA in respect of the criminal justice system around the world, including Bangladesh. DNA evidence is considered to be one of the best types of evidence the 21st century has to offer. But how truthful is such a consideration? Is such evidence beyond reasonable doubt? This study closely examines the case of Josiah Sutton who was convicted of rape in 2000 after his DNA was found to be a direct match of the DNA evidence taken from the crime scene but was later released in 2004. The article therefore, questions the reliability of that very evidence found against him along with other factors that may contribute against the claim of DNA evidence being conclusive. It discusses both the pros and cons of DNA evidence and how relevant legislations in many countries are controlling such limitations or irregularities in their application of DNA evidence. All such information is crucial for making a comparative analysis with Bangladesh. This paper mainly intends to provide a perspective of the existing DNA Act 2014 of Bangladesh by comparing its accomplishments as well as its shortcomings with countries who are utilizing this modern form of evidence to its best possible use, providing recommendations for the current legal application of DNA in Bangladesh.
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