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DNA fingerprinting and the substantive law
1Department of Private Law, University of Durban-Westville, South Africa.
Medicine and Law
|January 1, 1994
Summary
DNA fingerprinting offers significant benefits for legal proceedings, particularly in paternity cases and criminal law, by providing highly accurate genetic evidence. Despite potential cost barriers in civil law, its advantages in establishing biological relationships and aiding investigations are undeniable.
Area of Science:
- Forensic Science
- Genetics
- Law
Background:
- Human DNA analysis, specifically DNA fingerprinting, has the potential to transform legal proceedings.
- Biological and genetic evidence are crucial in many civil and criminal cases.
- Existing legislation in South Africa supports the use of DNA testing by law enforcement.
Purpose of the Study:
- To examine the positive and negative aspects of DNA fingerprinting in legal contexts.
- To assess the utility of DNA fingerprinting in paternity determinations and criminal law.
- To address concerns regarding the application and cost of DNA testing in civil law.
Main Methods:
- Analysis of the benefits and drawbacks of DNA fingerprinting technology.
- Review of existing legal frameworks and their applicability to DNA testing.
- Consideration of practical challenges, such as cost, in the implementation of DNA analysis.
Main Results:
- DNA fingerprinting provides unequivocal evidence of blood relationships, simplifying paternity disputes.
- The accuracy and value of DNA testing in criminal law are well-established.
- The benefits of DNA fingerprinting significantly outweigh its disadvantages.
Conclusions:
- DNA fingerprinting is a revolutionary tool for legal proceedings, offering unparalleled accuracy in genetic analysis.
- While cost may impede widespread civil law application, collaborative efforts can mitigate this.
- No other forensic tests currently match the accuracy of DNA testing.