DNA Profiling In Criminal Investigation

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Australia The use of DNA profiling in criminal investigation, particularly for serious crimes are well established in Australia. report says first conviction based on DNA evidence occurred in 1989.the model bill provisions are closely replicated in part 1D of the crimes act 1914.This part outlines the processes to be followed in the conduct of forensic procedures, including the prerequisites that must be met, and provides for a DNA database for the storing and matching of DNA profiles. Admissibilty DNA evidence is admissible in criminal proceedings if it is relevant to a fact in issue and not barred by exclusionary rule or judicial discretion. Although there are instances when it will be inadmissible like if the evidence has been obtained unlawfully…show more content…
Frye. The test set forth that the technique to be accepted must have general recognition and acceptance. However, in number of cases Frye test has been abandoned in favor of a more liberal approach like relevancy. For a successful application of the Frye test, court must first of all determine three important issues: 1. Determining the field in which DNA technique belongs: the very first issue to be determined is the field in which novel DNA technique belongs. “One cannot fix the field in which the DNA technique rests, because it may vary depending on which aspects of the DNA typing is required for general acceptance and the issues the court views as going to the admissibility of DNA typing evidence.” In further judgments court also specified that in order to meet Frye test, the FBI’s DNA principles and procedures must be shown to be generally acceptable to scientists beyond the forensic users of such technique. 2. What Constitutes General Acceptance of the DNA Theory or Technique -court does not expect universal acceptance of the technique rather general acceptance is found to be sufficient. In United States v. Brown , court said that absolute unanimity was not required for admission of novel scientific…show more content…
Thus, Rule 702 permits the introduction of new scientific evidence if it will aid the fact finder in understanding the evidence or determining a fact in

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