The Effects of DNA Evidence on Sexual Offence Cases in Court

Michael Briody

53 citations0/0 files storedCurrent Issues in Criminal Justice

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Legal processes and jurisprudence Criminal Law and Evidence Jury Decision Making Processes

Abstract

Introduction: This study aims to assess how forensic deoxyribonucleic acid (DNA) evidence assists decision-makers in sexual offence cases, in decisions to prosecute, decisions to plead guilty and how it assists juries and judges in decisions of guilt or innocence. Its association with custodial penalties is also examined. The primary method relied on was an archival study of case records. This involved comparing the characteristics of criminal case records from two different categories, those that were referred to the forensic laboratory, and for which a scientist provided a sworn court statement that associated the defendant with either the complainant or the crime scene, and similar cases for which no DNA evidence was presented in court. The differences that DNA evidence made, if any, were then assessed by comparing the characteristics of the DNA group cases to the control group at the various decision-making stages, while allowing for the other evidentiary and extra-legal factors that influenced case outcomes.

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References

1979Rape trials and jurors' decisions: A psycholegal analysis of the effects of victim, defendant, and case characteristics.1999Juror reactions to DNA evidence: Errors and expectancies.2001When are people persuaded by DNA match statistics?2000The Impact of DNA Evidence in a Child Sexual Assault Trial

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2018Prosecutors’ Perspectives on Biological Evidence and Injury Evidence in Sexual Assault Cases 2004Forensic DNA Sampling and the England and Wales National DNA Database: A Sceptical Approach 2004Prosecutorial decisions in adult sexual assault cases: an Australian study 2005Prosecutorial decisions in adult sexual assault cases 2003Challenging Forensic Evidence? Observations on the use of DNA in certain criminal trials 2006DNA and the Changing Face of Justice 2012Lawyers and DNA: Issues in Understanding and Challenging the Evidence 2023How the physicochemical substrate properties can influence the deposition of blood and seminal deposits

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