Beyond Innocence: The Dark Side of DNA Testing



Over the past ten years, dozens of wrongly-convicted persons (including several on death row) have been exonerated of crimes. DNA testing has played an important role in a number of exonerations. This has had two consequences.

First, for those crimes where the perpetrator has left behind even a minute amount of a biological specimen, pre-trial DNA testing of the specimen and samples from suspects is becoming increasingly common. Thousands of prime suspects have been excluded as a result. Second, there is a move to right the injustices that have already been inflicted on innocent persons who were wrongly-convicted and whose innocence can be demonstrated with DNA testing.

Bills have been introduced in Congress (and state legislatures) that would, through various mechanisms, facilitate post-conviction DNA testing. The primary goal of these bills is to secure the release of truly innocent persons.



Wrongful conviction is not the only problem

Exonerating innocent people is, unquestionably, right. Yet, the intense focus on innocence can distract people from seeing the myriad other problems in the criminal justice system. This may have serious consequences.

If there is less danger of wrongly convicting an innocent person of a capital crime, will more people accept the death penalty for those whose guilt is (or appears to be) incontrovertible and whose offenses are abominable? Might our nation focus more on killing “problem people” than on preventing crime, rehabilitating offenders, and restoring relationships?

Is the determination of guilt or innocence the only question of accuracy in the criminal justice system? When prosecutors and judges do not give juries clear sentencing instructions (e.g. how to weigh mitigating factors, or alternatives to the death penalty, such as life without parole), is that not also a problem with accuracy?

Do perpetrators of capital crimes forfeit a right to fairness in the judicial process? Is it fair that some poor defendants are represented by inexperienced public defenders or underpaid, uninterested, or incompetent court-appointed attorneys?

Are there ever mitigating circumstances for individuals who commit terrible crimes? Should mentally retarded individuals and persons with mental illnesses be sentenced as though they had a full grasp of the world around them?

DNA testing is but one element of a comprehensive approach to reforming the U.S. criminal justice system. Taken alone, it is not a “fix.” The danger is that the widespread use of DNA testing may mislead some to think that the worst problems in the criminal justice system have been corrected and that justice is being served fairly. This would truly be a miscarriage of justice.

This article was originally published in the June 2000 FCNL Washington Newsletter