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Dna Project Uwc

Parliament, Cape Town - The so-called DNA bill is one step closer to being signed into law after the National Assembly passed it on Thursday afternoon. There was a lengthy delay before the bill was finally approved as the House sought to achieve a quorum. Even after the bells had been rung for five minutes to summon MPs to the chamber, only 193 MPs were present. The required quorum is 201 - 50 percent of 400 plus one. House chairman Ben Skosana postponed the vote and the House continued with other business. A short while later, Skosana announced that the table staff had done a further head count and there were now 213 MPs present. The bill was then approved with the support of all parties. Earlier, debate on the Criminal Law (Forensic Procedures) Amendment Bill was introduced by Police Minister Nathi Mthethwa, who said it would act as a “silent witness in the fight against crime”. “The bill before this House amends the Criminal Procedures Act with the intention of enhancing the criminal justice system and allowing the taking of DNA samples and the establishment of a DNA database within SAPS,” Mthethwa told MPs. The bill sets out the circumstances under which DNA samples should be taken from persons charged with serious crimes and those convicted of serious offences. It provides for the voluntary giving of DNA samples to help police in missing persons cases, and to identify human remains. Police committee chairwoman Annelize van Wyk said the bill's passing during women's month was significant as it was expected to enhance the fight against crimes committed against women and children. “What will happen once this bill becomes an act, in simple terms, is that at the crime scene the police will look for evidence, among the evidence would be DNA that is left behind,” Van Wyk said. “This will be known as crime scene samples and it will be loaded onto the database under the crime scene index.” Detectives would then be able to link criminals to crime scenes by taking DNA samples and checking them against the index. The DNA database can also be used to exonerate convicted offenders. “If a person is serving a sentence and that person knows that they are innocent and that they can prove their innocence with DNA, the bill allows for it,” Van Wyk said. The Democratic Alliance supported the bill, but expressed reservations on its implementation. DA MP Dianne Kohler-Barnard said there was a lack of resources which led to serious backlogs at the country's forensic science laboratories. “If we now factor in the planned passing of the DNA legislation today, which will see DNA samples taken from every correctional services inmate as well as every newly arrested offender in the country, the sad reality is that with this proof that backlogs are once again a reality there is a very real fear that a backlog of monumental proportions will develop,” Kohler-Barnard said.
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0% found this document useful (0 votes)
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Dna Project Uwc

Parliament, Cape Town - The so-called DNA bill is one step closer to being signed into law after the National Assembly passed it on Thursday afternoon. There was a lengthy delay before the bill was finally approved as the House sought to achieve a quorum. Even after the bells had been rung for five minutes to summon MPs to the chamber, only 193 MPs were present. The required quorum is 201 - 50 percent of 400 plus one. House chairman Ben Skosana postponed the vote and the House continued with other business. A short while later, Skosana announced that the table staff had done a further head count and there were now 213 MPs present. The bill was then approved with the support of all parties. Earlier, debate on the Criminal Law (Forensic Procedures) Amendment Bill was introduced by Police Minister Nathi Mthethwa, who said it would act as a “silent witness in the fight against crime”. “The bill before this House amends the Criminal Procedures Act with the intention of enhancing the criminal justice system and allowing the taking of DNA samples and the establishment of a DNA database within SAPS,” Mthethwa told MPs. The bill sets out the circumstances under which DNA samples should be taken from persons charged with serious crimes and those convicted of serious offences. It provides for the voluntary giving of DNA samples to help police in missing persons cases, and to identify human remains. Police committee chairwoman Annelize van Wyk said the bill's passing during women's month was significant as it was expected to enhance the fight against crimes committed against women and children. “What will happen once this bill becomes an act, in simple terms, is that at the crime scene the police will look for evidence, among the evidence would be DNA that is left behind,” Van Wyk said. “This will be known as crime scene samples and it will be loaded onto the database under the crime scene index.” Detectives would then be able to link criminals to crime scenes by taking DNA samples and checking them against the index. The DNA database can also be used to exonerate convicted offenders. “If a person is serving a sentence and that person knows that they are innocent and that they can prove their innocence with DNA, the bill allows for it,” Van Wyk said. The Democratic Alliance supported the bill, but expressed reservations on its implementation. DA MP Dianne Kohler-Barnard said there was a lack of resources which led to serious backlogs at the country's forensic science laboratories. “If we now factor in the planned passing of the DNA legislation today, which will see DNA samples taken from every correctional services inmate as well as every newly arrested offender in the country, the sad reality is that with this proof that backlogs are once again a reality there is a very real fear that a backlog of monumental proportions will develop,” Kohler-Barnard said.
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UNLEASHING

THE POWER OF A DNA DATABASE TO FIGHT CRIME IN SOUTH AFRICA

Vanessa Lynch
FIGHTING CRIME WITH SCIENCE
Monday 20 June 2011

Founder of The DNA Project 13 June 2011 www.dnaproject.co.za

THE CSI EFFECT


Managing Truth and Justice in Reality and Fiction
Monday 20 June 2011

The Why (the crime)

EVERY DAY

145 women and children raped

60 murders

Monday 20 June 2011

AIM:
TO DEVELOP AND EXPAND OUR NATIONAL DNA DATABASE TO THE POINT WHERE IT BECOMES INTELLIGENT
Investigations driven by DNA .. rather than DNA being considered simply a piece of

Monday 20 June 2011

WHY DNA?

Everyone has a unique D N A p ro l e ( e x c e p t identical twins) DNA in every cell of an individual is identical An individuals DNA prole remains unchanged throughout life

Monday 20 June 2011

Current Use of DNA Database: Matching evidence to known suspect

Crime scene evidence

Suspect

No match Match

Suspect innocent
Monday 20 June 2011

Conrms suspect was at the crime scene

Intelligent use of DNA Database: Matching evidence to DNA database

Crime scene evidence

Na7onal DNA Database

Match

Match

Person previously arrested or convicted


Monday 20 June 2011

Same criminal at many crime scenes

International Database Size


Country United States of America United Kingdom China Germany Canada Netherlands New Zealand South Africa No. Reference Profiles 6 454 770 4 856 902 4 391 003 668 721 110 930 99 137 85 300 53 969 No. Crime Scene Profiles 245 171 354 132 346 306 66 554 34 254 42 711 20 170 66 941 No. Of profiles on database 6 699 941 5 211 034 4 737 309 735 275 145 184 141 848 105 470 120 910

Monday 20 June 2011

How does an Expanded Database = Crime Resolution



larger the database > chance of a hit or match criminal intelligence: links a suspect, vicJm & crime scene/s idenJfy or exclude a known suspect earlier reduces court admin & detecJve work exonerates the innocent crime deterrent proves or disproves an alibi missing persons/id of human

MATCH

Monday 20 June 2011

International Best Practice (IBP)


DNA taken from all persons on arrest Buccal samples taken by police Convicted offender database allowed retrospectively DNA database given legal status to retain profiles for criminal investigation only Fingerprint and DNA legislation aligned

FighJng crime with science


Monday 20 June 2011

How was this achieved in countries with developed Databases?


DNA Database LegislaFon enacted Increased funds allocated to forensic sta, vehicles and equipment DNA awareness training police force and general public Increase in crime scene visits emphasis on volume crimes Increase in DNA retrieved from crime scenes Increase in no. of crime scene proles loaded onto database Regular monitoring of use of database in crime detecKon rates Investment in IT infrastructure of database Electronic delivery of match reports to detecKves

FighJng crime with science


Monday 20 June 2011

Results of IBP
When a crime scene profile is loaded to the database, probability of obtaining an immediate match - up to 52% up to 68% of DNA profiles from crimes match a person after 12 months up to 82% of suspects charged with a crime, with DNA evidence, plead guilty Each detection, on average, leads to almost one other crime detected

FighJng crime with science


Monday 20 June 2011

What can we expect if we follow IBP?


DNA detections quadruple (some countries reported 131% in 5 years) up to 75% increase in number of suspect to crime scene matches Enhanced capacity to detect and solve serious crimes Support of collection of all types of forensic material Links to other crimes multiple matches Exoneration of innocent people Solution of cold cases Scene-to-scene matches to identify patterns of criminal behaviour Reduction in DNA processing times and costs REDUCTION IN CRIME LEVELS

FighJng crime with science


Monday 20 June 2011

So - What are the Obstacles in SA??


LEGISLATION

DNA AWARENESS / TRAINING AT THE CRIME SCENE

CAPACITY - STAFF, SKILLS & LABS

Monday 20 June 2011

SA: the case of the legal vacuum

S.37 of Criminal Procedure Act/ 1977 is inadequate & outdated but is only legislative source regulating DNA proling in SA. Cannot uplift a DNA prole from a convicted offender for entry onto the DNA Database: yet we have one of the highest crime rates in the world & the lowest conviction rate. Not to mention our sky high rate of recidivism!

Monday 20 June 2011

summary of the new DNA bill


Police to uplift DNA sample from suspect & retain DNA proles derived therefrom creates 5 indexes for speculative searching amongst different types of DNA proles allows convicted offenders proles to be collected retrospectively Retention framework for certain DNA proles
Monday 20 June 2011

provides for the establishment, administration and use of a DNA database as a crime intelligence tool with strict safeguards and penalties to ensure thatforensic materials are collected, stored and used only forpurposes related to the detection of crime, the investigation ofan offence or prosecution

Legislative Challenges in South Africa

Implementation Constitutional Issues Capacity Training

I think the politicians are more resistant to the database than the public...
Tony Blair, 2006
Monday 20 June 2011

What INTERPOL has to say

on which proles to include - an overview of national DNA databases worldwide shows all successful databases include proles of suspects and convicted criminals what kind of crime warrants taking of DNA? - an overview of national databases worldwide shows all successful databases include samples from all types of crimes should DNA proles be removed? Interpol suggest an exit mechanism for proles of those acquitted or where a person is no longer a suspect on sample collection - NB not to introduce unnecessary obstacles into collection process that will negatively impact on efcient collection of samples - most efcient solution is a police ofcer

Monday 20 June 2011

(what?) privacy issues

N o n - c o d e d re g i o n s o f D N A analysed do not give away private or sensitive information about a person - 9 markers used A sequence of numbers is simply a unique identier, similar to a ngerprint or ID number DNA Proles used for criminal intelligence purposes only punishment prescribed by Act if information used inappropriately

Uplifting of DNA sample is noninvasive - buccal (cheek) swab / ngerpick Samples not taken randomly - Bill provides for certain categories of persons from whom samples may be taken

Monday 20 June 2011

DNA AWARENESS
A CHAIN IS AS STRONG AS ITS WEAKEST LINK

20 Monday 20 June 2011

Crime Scene Preservation: DNA Awareness Campaign

D Dont Touch N Note, record and observe A Assist Police Officers C Comfort victims S Secure crime scene I Insist nobody interferes with crime scene

Monday 20 June 2011

South Africa: recent cases using DNA PROFILING


JACK MOGALE: DNA positively linked him to four of his victims RUDI VENTER: exonerated for wifes gruesome murder DNA did not match MARSHAL BOYTJIE GESELS: DNA positively linked him to the brutal rape & murder of 5 year old child

Monday 20 June 2011

COLD CASE
USA: detectives arrested someone in the 29year-old case involving the murders of 2 19year olds who were murdered after leaving a wedding reception. Their bodies were found almost two months later. In 2009, Ofcers re-interviewed the original suspect, Mr Edwards and noted his story was different from when he told it to ofcers back in 1980. A DNA test conrmed a match to semen Edwards had left on Drews pants. Edwards was charged with two counts of rst-degree murder. 29 YEARS LATER.

Monday 20 June 2011

THE INNOCENCE PROJECT


December 2000, after spending 14 years on Florida's death row, FL SMITH was cleared of the rape and murder of an 8yr old girl. Smith's exoneration came as a result of DNA testing being unavailable when he was convicted. 10 months before he was proven innocent, Smith died of cancer in prison, just steps away from the electric chair.

Monday 20 June 2011

Facts on Post-Conviction DNA Exoneration's



251 post-conviction DNA exoneration's in the USA The rst DNA exoneration took place in 1989. Exoneration's have been won in 34 states; since 2000, there have been 185 exoneration's 17 of the 252 people exonerated through DNA served time on death row

The average length of time served by exonerates is 13 years. The total number of years served is approximately 3,170 The average age of exonerates at the time of their wrongful convictions was 27

The true suspects and/or perpetrators have been identied in 107 of the DNA exoneration cases

The truth is that polygraphs lie

In May 1978, 4 men were arrested by Chicago police for murdering a suburban man and raping and murdering his anc. All of the suspects claimed they were innocent, but there was no doubt about their guilt: 3 of them failed a polygraph test. Eventually, The Ford Heights 4, were convicted for these brutal slayings, and 2 of the defendants were sentenced to death. But in 1996, DNA evidence exonerated all 4. They had spent 18 years behind bars, partly because the lie detector lied. Monday 20 June 2011

The How...we can achieve this in South Africa


Amend LegislaFon to ensure maximum development of DNA Database Increase DNA Processing Capacity Support Specialist DNA Forensic Analyst Degree Create DNA Expansion Board to oversee NDD development Promote NaKonal DNA Awareness Campaign - SAPS First
Responders/Jus7ce/Private Security companies/Emergency Services/Public

DNA Evidence CollecFon Training LCRC

FighJng crime with science


Monday 20 June 2011

THE TRIUMVIRATE OF INTERESTS : the critical interplay between the police,forensic scientists and the justice system. If you absent one of these 3 critical components when trying to maximise the effectiveness of a DNA Criminal Intelligence Database, the success of any DNA Database will fail to reach its expected outcome. These challenges however are not unique to South Africa, and the way in which other countries have dealt with this, is by the implementation of a DNA Expansion Board or body of people, represented by the various departments as well as ethicists and parliamentarians and any other group relevant to that administration who collectively oversee the development of the DNA Database.

Training

LAW ENFORCEMENT

JUDICIAL
Legisla7on

LABORATORY
Capacity

TRIUMVIRATE OF INTERESTS
Monday 20 June 2011

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