NCJ Number
119161
Journal
Drake Law Review Volume: 37 Issue: 1 Dated: (1987-1988) Pages: 1-32
Date Published
1988
Length
32 pages
Annotation
The use of deoxyribonucleic acid (DNA) fingerprinting analysis has not yet shown enough reliability to be generally admissible in criminal courts, although the added scientific support needed to demonstrate the technique's reliability will eventually be forthcoming and will result in the general acceptance of this technique in evidence.
Abstract
In addition, DNA fingerprinting raises several constitutional issues relating to the Fourth, Fifth, and Fourteenth Amendments. Analysis of these issues suggests that the required extraction of a blood sample for the DNA fingerprinting test would not violate the Fourth or Fifth Amendments of the Constitution, but it would violate the due process clause of the Fourteenth Amendment. Allowing a suspect to refuse to comply with a request to provide a blood sample for DNA testing preserves the human dignity necessary for a civilized society. At the same time, allowing prosecutors to submit evidence that a suspect refused to submit to the blood test would permit courts to serve the compelling State interest in obtaining the best possible evidence and promoting law enforcement. 214 footnotes.