Concerns about due process violation have been raised with the increasing use of a form of technology that conducts “probabilistic genotyping” as opposed to the regular DNA testing that has long been used as evidence in criminal cases.
One example of this offered by ProPublica, a non-profit, Pulitzer prize-winning online publication, was a case out of New York two years ago. Police officers attempted to pull over a vehicle that was operating without headlines. However, they driver and passenger fled on foot. Officers gave chase and then heard a gunshot. Police never actually caught up with the suspects, but they did find a loaded handgun nearby. The car, which had been abandoned, was connected to its owner. Police arrested him, but they couldn’t link him to that gun unless they could secure a DNA match. Unfortunately for them, the DNA that was left on the handgun did not provide a good sample for conventional methods. DNA from at least four or five people was on the weapon. So prosecutors requested an analysis from a company that offers the genotyping software program.
Traditional DNA analysis asks researchers to visually and manually interpret the markers on the sample to determine whether there is a match. This new type of testing runs the information through a computerized algorithm in order to determine the likelihood that a certain individual’s DNA is present in the mixture, when compared to the DNA of a random person. Those who developed the technology insist the results are the best way to remove human bias from the process. However, criticism has arisen about whether this process undermines defendants’ due process. Continue reading