The death row scene in the U.S. raises some serious eyebrows, especially when it comes to how it affects different communities. As of August 8, 2022, about 3,200 individuals convicted in the U.S were actually innocent. Shockingly, 53% of these wrongly accused folks were African American, even though they only make up around 13.6% of the population. Now, when you look at who's sitting on death row, it's a bit of a head-scratcher. African Americans and Hispanic people make up 31% of the U.S. population, but 53% of death row inmates—41.9% and 11.3%, respectively (American Progress, 2019). Lastly, since 1973, at least 190 people have been set free from death row in the U.S. And get this, a study in 2014 estimated that at least 4% of those sentenced to death were actually innocent.
Behind the Science:
DNA testing in criminal cases operates on the principles of forensic science, providing a powerful tool to identify individuals, establish paternity, and unravel mysteries surrounding criminal investigations. At its core, DNA (deoxyribonucleic acid) is a unique genetic code present in nearly every cell of the human body, and its distinctiveness allows for precise individual identification. The process of DNA testing begins by collecting biological samples, often from blood, saliva, or hair, found at crime scenes. The extracted DNA is then analyzed in a laboratory, where scientists focus on specific regions of the DNA sequence known as loci. These loci contain variations called alleles, and the combination of alleles at different loci forms a unique genetic profile for each individual. Through techniques like polymerase chain reaction (PCR) and gel electrophoresis, scientists can amplify and separate DNA fragments to produce a visual representation of the individual's DNA profile. By comparing these profiles between crime scene samples and potential suspects, forensic experts can determine the likelihood of a match, providing crucial evidence in criminal investigations. The reliability and precision of DNA testing have revolutionized the criminal justice system, helping to both convict the guilty and exonerate the innocent. Or has it?
Costs of DNA Testing:
Often times, when we think of DNA testing, we picture the free trial packages given by popular companies such as 23andMe. However, the reality unveil a stark truth, one that intertwines with socioeconomic disparities and accesisbility to justice. In criminal cases, the price tag for testing in a single case can range anywhere from $5,000 to $50,000. The Equal Justice Initiative sheds light on a troubling statistic: a staggering 95% of individuals on death row in the United States hail from underprivileged backgrounds. In the pursuit of a fair trial, the accessibility to DNA or ballistics tests becomes a critical factor. Unfortunately, the financial constraints faced by those in underprivileged circumstances often obstruct the timely execution of such tests. Court-appointed lawyers, frequently lacking the necessary resources, find themselves grappling with the challenge of expediting crucial DNA evidence that could potentially unravel the prosecution's case. This disparity in access to forensic tools not only raises concerns about the fairness of the legal process but also underscores the broader issue of socioeconomic inequities woven into the fabric of the criminal justice system.
Death Row: Only for the Poor?
In 27 states across the United States, the issue of death row is a serious concern that is particularly affecting minority communities. What's troubling is that this form of punishment seems to disproportionately impact individuals who are economically disadvantaged. The accessibility and high costs associated with DNA testing further the inequalities within the criminal justice system, essentially making death row a sentence reserved for the poor. The financial hurdle for obtaining DNA evidence is just one aspect of a larger problem. For instance, in Alabama, access to DNA testing is limited to those charged with capital offenses, creating a narrow path for potential exoneration. Meanwhile, in Kentucky, individuals who plead guilty are unjustly denied the opportunity for DNA testing, even if their confession was coerced or false. According to the National Registry of Exonerations, 575 individuals have been exonerated since 1989 based on DNA tests proving their innocence. This reality greatly underscores the urgent need for systemic change. The current state of affairs not only perpetuates injustice but also undermines the principles of a fair and equitable legal system. Advocacy for accessible DNA testing, regardless of the nature of the crime, and a thorough reassessment of the death penalty are crucial steps toward creating a criminal justice system that genuinely embodies fairness and justice for all.
Sources:
Cleveland Clinic. “DNA Test - Genetic Testing Overview.” Cleveland Clinic, 21 May 2022, my.clevelandclinic.org/health/diagnostics/23065-dna-test--genetic-testing.
Death Penalty Information Center. “Innocence.” Death Penalty Information Center, 2023, deathpenaltyinfo.org/policy-issues/innocence.
Lakshmi, Jaya B., et al. “DNA Profiling in Forensic Science: A Review.” Global Medical Genetics, vol. 8, no. 4, 31 May 2021, www.ncbi.nlm.nih.gov/pmc/articles/PMC8635824/.
NACDL. “NACDL - Race and the Death Penalty.” NACDL - National Association of Criminal Defense Lawyers, 7 Dec. 2022, www.nacdl.org/Content/Race-and-the-Death-Penalty.
Selby, Daniele. “DNA and Wrongful Conviction: Five Facts You Should Know.” Innocence Project, 25 Apr. 2023, innocenceproject.org/dna-and-wrongful-conviction-five-facts-you-should-know/.
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