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The New Scientific Eyewitness The New Scientific Eyewitness The role of DNA profiling in shaping criminal justice Jenny Wise A thesis submitted to the University of New South Wales in fulfilment of the requirements for the degree of Doctorate of Philosophy in Criminology 2008 1 Certificate of Originality I hereby declare that this submission is my own work and to the best of my knowledge it contains no materials previously published or written by another person, or substantial proportions of material which have been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgement is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project’s design and conception or in style, presentation and linguistic expression is acknowledged. Signed i Copyright Statement I hereby grant the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all proprietary rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstract International (this is applicable to doctoral theses only). I have either used no substantial portions of copyright material in my thesis or I have obtained permission to use copyright material; where permission has not been granted I have applied/will apply for a partial restriction of the digital copy of my thesis or dissertation. Signed Date: 27 February 2009 Authenticity Statement I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and if there are any minor variations in formatting, they are the result of the conversion to digital format. Signed Date: 27 February 2009 ii ABSTRACT Since its first use in criminal investigations in 1987, DNA profiling has become the new gold standard for investigations and prosecutions. Academics, politicians and law enforcement officials have presented DNA evidence as a “scientific hero” that is capable of solving crimes and preventing miscarriages of justice. However, in spite of this reputation, few studies have explored the impact of this technology on criminal justice practitioners, or on the process of investigating and processing criminal offences. This dissertation provides a comparative study of the use of DNA profiling in two jurisdictions: New South Wales (NSW) in Australia and the Thames Valley in the United Kingdom (UK). Interviews canvassed the perspectives and experiences of police officers, scene of crime officers (SOCOs), forensic scientists, criminal lawyers, and judicial officers from these areas. These interviews were analysed in conjunction with appeal judgments and police statistics to reveal how DNA evidence has been used in the NSW and Thames Valley. The research presented in this dissertation indicates that DNA profiling is having a number of far-reaching effects on both criminal justice systems and is seen as a reliable forensic tool by criminal justice practitioners. Practitioners routinely use DNA evidence throughout the various stages of the criminal justice process and are actively changing their practices to utilise the technology more effectively. One of the main impacts of the introduction of DNA evidence into criminal investigations has been the need to provide substantial resources and infrastructure for the collection, analysis, and storage of samples. Both jurisdictions encountered a number of problems because they provided insufficient resources to effectively use DNA profiling. This study also offers insight into how criminal justice practitioners perceive the dangers of using DNA evidence and how miscarriages of justice can occur. Finally, through an analysis of the combined experiences of criminal justice practitioners, this dissertation challenges the widespread acceptance and routine use of forensic DNA profiling. It further suggests that it is now time to re-consider current practices in relation to how resources are devoted to the technology, and how criminal justice practitioners are using the technology. iii ACKNOWLEDGMENTS I would like to thank my two supervisors, Professor Janet Chan and Associate Professor Gary Edmond for their continual guidance and support throughout this dissertation. Thank you for reading through my many drafts, providing constructive feedback and believing in the project. This dissertation would not have been possible without the support provided by various organisations within the criminal justice system. Many thanks to the police officers, scientists, scene of crime officers, judicial officers and criminal lawyers who participated in this study. In particular, I would like to thank both the Thames Valley and NSW Police for their efforts to ensure that my research was completed and that I was provided with all of the relevant information. Without your time and support I could not have completed. Finally, I would like to thank my family and friends who have supported me through this process. In particular, I would like to thank Michael Briody who provided me with numerous articles on the topic and believed in my project from the beginning. Many thanks to Dominick Fitzimmons, Elaine Fishwick and Jane Bolitho who were able to provide feedback on my thesis. To my parents who always asked where I was up to with my thesis and provided continual support. In addition, I would like to thank my grandfather for his constant vigilance of the newspapers on my behalf. Most importantly, I wish to thank my husband Nathan Wise for his unending support and love in all aspects of my life. iv TABLE OF CONTENTS CHAPTER ONE: INTRODUCTION .......................................................................................................1 THE NEED FOR RESEARCH..........................................................................................................................5 AIMS OF THE DISSERTATION ......................................................................................................................9 THESIS OVERVIEW ...................................................................................................................................11 CHAPTER TWO: A HISTORY OF FORENSIC IDENTIFICATION TECHNIQUES...................14 FORENSIC IDENTITY.................................................................................................................................14 Bertillonage .......................................................................................................................................15 Fingerprint identification ..................................................................................................................16 The emergence of DNA profiling.......................................................................................................19 DNA EVIDENCE AS A GOLDEN STANDARD...............................................................................................20 CHALLENGING THE GOLD STANDARD......................................................................................................23 The DNA Wars...................................................................................................................................25 Initial responses to the DNA Wars ....................................................................................................28 Closing the DNA Wars.......................................................................................................................29 Ongoing controversies.......................................................................................................................32 DNA EVIDENCE: A STANDARD FORENSIC TECHNIQUE ............................................................................40 CHAPTER THREE: UNDERSTANDING THE TRAJECTORY OF DNA TECHNOLOGY ........42 FACTORS AFFECTING TECHNOLOGICAL CHANGE .....................................................................................43 Global trends .....................................................................................................................................43 Economic factors ...............................................................................................................................47 Technical design and implementation ...............................................................................................49 Political issues ...................................................................................................................................52 Cultural frames..................................................................................................................................55 THE FLUIDITY OF TECHNOLOGICAL CHANGE ...........................................................................................59 THE LEGITIMATING POWER OF TECHNOLOGY ..........................................................................................61 CHAPTER
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