Forensic science, also known as criminalistics, is the application of science principles and methods to support legal decision-making in matters of criminal and civil law.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
A rape kit or rape test kit is a package of items used by medical, police or other personnel for gathering and preserving physical evidence following an instance or allegation of sexual assault. The evidence collected from the victim can aid the criminal rape investigation and the prosecution of a suspected assailant. DNA evidence can have tremendous utility for sexual assault investigations and prosecution by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused.
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case, or by someone sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidence ; however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location. The analysis of evidence may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work involved. Parallel construction is a form of false evidence in which the evidence is truthful but its origins are untruthfully described, at times in order to avoid evidence being excluded as inadmissible due to unlawful means of procurement such as an unlawful search.
Differential extraction refers to the process by which the DNA from two different types of cells can be extracted without mixing their contents. The most common application of this method is the extraction of DNA from vaginal epithelial cells and sperm cells from sexual assault cases in order to determine the DNA profiles of the victim and the perpetrator. Its success is based on the fact that sperm cells pack their DNA using protamines which are held together by disulfide bonds. The protamines sequester DNA from spermatozoa, making it more resilient to DNA extraction than DNA from epithelial cells.
Forensic biology is the application of biological principles and techniques in the investigation of criminal and civil cases. Forensic biology is primarily concerned with analyzing biological and serological evidence in order to obtain a DNA profile, which aids law enforcement in the identification of potential suspects or unidentified remains. This field encompasses various sub-branches, including forensic anthropology, forensic entomology, forensic odontology, forensic pathology, and forensic toxicology.
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term rape is sometimes casually inaccurately used interchangeably with the term sexual assault.
Teresa Maida Cormack was a six-year-old murder victim from Napier, New Zealand. After fifteen years, advances in genetic analysis led to conviction of Jules Mikus for the crime. He had been identified as a potential suspect early in the investigation, but had offered an alibi that was accepted at the time.
John Schneeberger is a North Rhodesian-born criminal who drugged and sexually assaulted one of his female patients and also his stepdaughter while working as a physician in Canada. For years, he evaded arrest by implanting a fake blood sample inside a plastic tube in his arm, which confounded DNA test results.
The Debbie Smith Act of 2004 provides United States federal government grants to eligible states and units of local government to conduct DNA analyses of backlogged DNA samples collected from victims of crimes and criminal offenders. The Act expands the Combined DNA Index System (CODIS) and provides legal assistance to survivors of dating violence. Named after sexual assault survivor Debbie Smith, the Act was passed by the 108th Congress as part of larger legislation, the Justice for All Act of 2004, and signed into law by President George W. Bush on October 30, 2004. The Act amended the DNA Analysis Backlog Elimination Act of 2000, the DNA Identification Act of 1994, the Violence Against Women Act of 2000, and the Uniform Code of Military Justice. The Act was reauthorized in 2008, extending the availability of DNA backlog reduction program grants, DNA evidence training and education program grants, and sexual assault forensic exam program grants through fiscal year 2014.
A serial rapist is someone who commits multiple rapes, whether with multiple victims or a single victim repeatedly over a period of time. Some serial rapists target children. The terms sexual predator, repeat rape and multiple offending can also be used to describe the activities of those who commit a number of consecutive rapes, but remain unprosecuted when self-reported in research. Others will commit their assaults in prisons.
A false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. Although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted.
Teresa Elena De Simone was murdered in Southampton, England, in 1979. Her murder led to one of the longest proven cases of a miscarriage of justice in English legal history. The murder occurred outside the Tom Tackle pub and was the subject of a three-year police investigation which resulted in the arrest of Sean Hodgson. Hodgson was convicted of the murder by a unanimous jury verdict in 1982 and was sentenced to life imprisonment. After serving 27 years in prison he was exonerated and released in March 2009. DNA analysis of semen samples that had been preserved from the original crime scene showed that they could not have come from him.
Rape in the United States is defined by the United States Department of Justice as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." While definitions and terminology of rape vary by jurisdiction in the United States, the FBI revised its definition to eliminate a requirement that the crime involve an element of force.
Drug-facilitated sexual assault (DFSA) is a sexual assault carried out on a person after the person has become intoxicated due to being under the influence of any mind-altering substances, such as having consumed alcohol or been intentionally administered another date rape drug. The rape form of DFSA is also known as predator rape. 75% of all acquaintance rapes involve alcohol and/or drugs. Drugs, when used with or without alcohol, result in a loss of consciousness and a loss of the ability to consent to sex.
Cornelius Dupree Jr. is an American who was declared innocent of a 1980 conviction for aggravated robbery, which was alleged to have been committed during a rape in 1979. He was paroled in July 2010 after serving 30 years of a 75-year prison sentence in Texas. Prosecutors cleared him of the crime after a test of his DNA profile did not match traces of semen evidence from the case. Dupree, who was represented by the Innocence Project, spent more time in prison in Texas than any other inmate who was eventually exonerated by DNA evidence.
Maryland v. King, 569 U.S. 435 (2013), was a decision of the United States Supreme Court which held that a cheek swab of an arrestee's DNA is comparable to fingerprinting and therefore, a legal police booking procedure that is reasonable under the Fourth Amendment.
Contaminated evidence is any foreign material that is introduced to a crime scene after the crime is committed. Contaminated evidence can be brought in by witnesses, suspects, victims, emergency responders, fire fighters, police officers and investigators.
Juan A. Rivera Jr. is an American man who was wrongfully convicted three times for the 1992 rape and murder of 11-year-old Holly Staker in Waukegan, Illinois. He was convicted twice on the basis of a confession that he said was coerced. No physical evidence linked him to the crime scene. In 2015 he received a $20 million settlement from Lake County, Illinois for wrongful conviction, formerly the largest settlement of its kind in United States history.
After a sexual assault or rape, victims are often subjected to scrutiny and, in some cases, mistreatment. Victims undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying. These factors, contributing to a rape culture, are among some of the reasons that may contribute up to 80% of all rapes going unreported in the U.S, according to a 2016 study done by the U.S. Department of Justice.
