DNA Evidence Can Put the Wrong Person Behind Bars [infographic]

Although DNA evidence relies on science to identify the criminal, accuracy still depends on people correctly gathering and storing the items and human interpretation of that data. Contamination or biased results can cause the wrong person to be convicted.

DNA testing led to its first conviction in a U.S. courtroom in the late 1980s. Because there is a limited probability of more than one match, it is difficult for a jury to find reasonable doubt when DNA evidence is presented. In a 2005 Gallup Poll, nearly 1 in 8 Americans felt that DNA evidence was either completely or very reliable.

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Is DNA infallible?

DNA has become such an important tool in crime fighting because people leave behind trace amounts all the time through skins cells, hair, saliva, blood, semen, skin, sweat, and mucus. But many things can contaminate DNA evidence, from the way it is lifted from a crime scene to moisture within the enclosed evidence bag to the temperature in the bag itself.

When DNA is analyzed, crime labs look at it through an electropherogram, focusing on 13 places, called loci, plus a 14th that expresses gender. Each of those loci houses two alleles, each inherited from a parent. The visual display through the electropherogram looks like spikes. Relatives might share half or more of the same markers, but complete strangers can also share a large number of markers.

DNA is often analyzed at forensic laboratories associated with law enforcement or the district attorney’s office. This can introduce bias because the firm conducting the DNA analysis can be led by the investigators to ignore information that could lead to reasonable doubt on the identity. And because it is easy to leave DNA behind, it is rare that analysts are dealing with evidence that contains only one person’s DNA.

In one case that demonstrates how easily DNA can be left at a crime scene, paramedics didn’t clean an oxygen-monitoring probe between calls. This resulted in a man who was lying unconscious in a hospital bed—after having been taken there by ambulance—to be accused of murder because the same paramedics had responded to the crime scene and used the same oxygen-monitoring probe on the victim’s finger.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.