Technology transforms criminal law.

Posted By: Charles Davison

As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers. The lawyer of 20 or 30 years ago would likely be startled to see some of the innovations which are now commonplace in our courtrooms. Developments have taken place in virtually all aspects of this field, from the investigation of crime and the gathering of evidence, through to the prosecution and defence of cases in court. Hundreds of pages of legal texts and judicial decisions have been written discussing these changes. Here are some of the most notable ways in which modern technology has changed the practice of criminal law.

Evidence Gathering by Police

Perhaps the most significant technological leap in the area of evidence gathering over the last two or three decades is in the development of scientific means to detect and identify human DNA. Until the late 1980s, the best science could offer in the field of biological analysis of human fluids and substances were generalities: blood types could be matched, for example, and hair samples could be compared. When it came to linking such items to a particular person, however, the most that could be said was that one sample was similar to another.

With the development of the technology needed to break down and analyze Deoxyribonucleic Acid ("DNA"), all of that changed. DNA is often referred to as our individual genetic "blue print". Because each human being has a different code contained in our DNA at the cellular level, it is now possible for scientists to virtually match the DNA from one sample of human fluid or tissue, to that in another. (I have used the phrase "virtually match" because in fact, the results of comparisons are never described in terms of actually matching; rather, the odds of the two samples being from different persons are usually offered instead. But because these numbers are usually astronomical in nature--often one in several trillion--it ends up being "virtually" the same thing as an actual match.) Now, for example, the DNA of a victim which is found in blood on the clothing of a suspect or accused will provide very powerful evidence in court. Even more damning is the identification of the DNA of an accused person in cases of sexual assault. And, it should not be completely forgotten that DNA can also...

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