The National Institute of Justice is pleased to release DNA for the Defense Bar. This is the fourth publication in a series designed to increase the field’s understanding of the science of DNA and its application in the courtroom. The other three publications include “Principles of Forensic DNA for Officers of the Court,” “DNA: A Prosecutor’s Practice Notebook,” and “DNA for Law Enforcement Decision Makers.” This book is specifically designed for criminal defense attorneys. You are defense counsel in a case with DNA evidence or where the absence of DNA evidence may raise factual or legal issues. DNA evidence, when properly collected and analyzed, and when relevant to an alleged crime, can have extraordinary value in the adjudication of a criminal case. This book is designed to help defense attorneys understand: The biology of DNA, Proper collection procedures for DNA evidence, Interpretation of DNA analysis and findings, When and why an expert is needed, Development of case theory in a DNA-based prosecution or in a case where there should be DNA evidence, Legal issues for pretrial and trial in cases with DNA evidence.

DNA for the Defense Bar

Justice, U.S. Department of

Programs, Office of Justice

Justice, National Institute of

Criminal Law

CreateSpace Independent Publishing Platform

The results of forensic investigations often can be the difference between acquittal and conviction in a court of law. The validity of those results depends on the knowledge, skills, and experience of the forensic scientists working to obtain them. The National Institute of Justice, with support from the West Virginia University, created the Technical Working Group for Education and Training in Forensic Science (TWGED) to establish best practices for educating and training forensic scientists. The working group developed the consensus criteria and recommendations presented in this report. This information serves students as they prepare for a career in forensic science, educational institutions as they develop and revamp curriculums, and forensic scientists as they advance their knowledge, skills, and abilities in the constantly evolving forensic science disciplines.

Education and Training in Forensic Science: A Guide for Forensic Science Laboratories, Educational Institutions, and Students

DNA has proven to be a powerful tool in the fight against crime. DNA evidence can identify suspects, convict the guilty, and exonerate the innocent. Throughout the Nation, criminal justice professionals are discovering that advancements in DNA technology are breathing new life into old, cold, or unsolved criminal cases. Evidence that was previously unsuitable for DNA testing because a biological sample was too small or degraded may now yield a DNA profile. Development of the Combined DNA Index System (CODIS) at the State and national levels enables law enforcement to aid investigations by effectively and efficiently identifying suspects and linking serial crimes to each other. The National Commission on the Future of DNA Evidence made clear, however, that we must dedicate more resources to empower law enforcement to use this technology quickly and effectively. Using DNA to Solve Cold Cases is intended for use by law enforcement and other criminal justice professionals who have the responsibility for reviewing and investigating unsolved cases. This report will provide basic information to assist agencies in the complex process of case review with a specific emphasis on using DNA evidence to solve previously unsolvable crimes. Although DNA is not the only forensic tool that can be valuable to unsolved case investigations, advancements in DNA technology and the success of DNA database systems have inspired law enforcement agencies throughout the country to reevaluate cold cases for DNA evidence. As law enforcement professionals progress through investigations, however, they should keep in mind the array of other technology advancements, such as improved ballistics and fingerprint databases, which may substantially advance a case beyond its original level.

Using DNA to Solve Cold Cases

DNA Evidence, National Commission on the Future of

The principal assignment given to the Research and Development Working Group was to identify the technical advances in the forthcoming decade and to assess the expected impact of these on forensic DNA (deoxyribonucleic acid) analysis. Progress in forensic analysis was slow until recently, but since 1985 more powerful techniques have increased explosively. The first useful marker system, the ABO blood groups, was discovered in 1900. The second, the MN groups, came a quarter century later. By the 1960s, there were 17 blood group systems known, but not all were useful for forensics, and in the 1970s a few serum proteins and enzymes were added. By the 1980s, some 100 protein polymorphisms were known but most were not generally useful for forensics. The year 1985 brought a major breakthrough. VNTRs (variable number of tandem repeats) showed much greater variability among people than previous systems and immediately began to be used for forensic studies. They are still used, but are rapidly being replaced by STRs (short tandem repeats). We can also expect improvements in collection and purification techniques. Automation will make the process more efficient and rapid, and we expect interpretative software for analysis of complex problems, such as mixtures. There also is progress toward miniaturization, using a combination of chip technology and molecular genetics. Portable, handheld systems are now working in laboratory experiments; how soon these will be available for routine use is not clear. We also expect an increasing amount of re-examination of cases in which the conviction was based on evidence other than DNA. Greater automation and higher throughput approaches will help reduce the backlog. Formats that can analyze multiple STR loci in miniaturized, mobile instruments are promised and should be available by this time. We also expect improved sampling and storage techniques. Research in the human genome and clinical research will produce many more markers, some of which will be used to supplement the existing procedures. We also expect integration of computers and internet with analytical techniques to permit direct transmission of test data between laboratories. There may be some transition to new technologies, mainly to supplement the standard STRs. SNPs will be widely used in medical and agricultural research, so there will be many opportunities to carry these over for forensic purposes. Within 10 years we expect portable, miniaturized instrumentation that will provide analysis at the crime scene with computer-linked remote analysis. Although this report looks to the future, we emphasize that current state-of-the-art DNA typing is such that the technology and statistical methods are accurate and reproducible. STRs have proved to be very satisfactory for forensic use and are being rapidly adopted by forensic laboratories. The difficulty and expense of changing well-established and reliable procedures will inhibit changes to other systems. For this reason, we believe that STRs will be the predominant procedure during the next decade. Methods of automation, increasing the speed and output and reliability of STR methods, will continue. In particular we expect that portable, miniature chips will make possible the analysis of DNA directly at the crime scene. Techniques for handling minute amounts of DNA or DNA that is badly degraded will become much better. In particular, mitochondrial DNA will probably play an increasing role in such difficult cases. Databases of DNA profiles of convicted felons will be extensive and coordinated throughout the States. International comparisons will be feasible and increasingly common. In the future, it is likely that an increasing number of suspects will be identified by database searches. The statistical interpretation is difficult, particularly if future databases include representatives of the population at large rather than convicted felons.

The Future of Forensic DNA Testing: Predictions of the Research and Development Working Group

In recent years, technological progress in DNA (deoxyribonucleic acid) testing has made DNA evidence a predominant forensic technique for identifying criminals when biological tissues are left at a crime scene. DNA testing on samples such as saliva, skin, blood, hair, or semen not only helps to convict, but also serves to exonerate. The sophisticated technology makes it possible to obtain conclusive results in cases in which previous testing had been inconclusive. Postconviction testing will be requested not only in cases in which DNA testing was never done, but also in cases in which the more refined technology may result in an indisputable answer. It is hoped this report, Postconviction DNA Testing: Recommendations for Handling Requests, will help participants through the postconviction process. The report is the work of the Working Group on Postconviction Issues, one of five working groups that report to the National Commission on the Future of DNA Evidence. The suggestions are based on the group’s consensus on how defense counsel, prosecutors, judicial officers, victims’ advocates, and DNA laboratories can respond effectively at the various stages of a postconviction request for DNA testing. Cooperation on the part of law enforcement officials may be crucial; materials needed for testing or retesting may be in their possession. To properly implement the recommendations contained in this report, participants in postconviction DNA proceedings need to consider the category of the case in which the DNA testing is sought and whether participants need to adjust the roles they customarily play in adversarial proceedings.

Postconviction DNA Testing: Recommendations for Handling Requests

This guide is intended to assist State and local law enforcement and other first responders who may be responsible for preserving an electronic crime scene and for recognizing, collecting, and safeguarding digital evidence. It is not all inclusive but addresses situations encountered with electronic crime scenes and digital evidence. All crime scenes are unique and the judgment of the first responder, agency protocols, and prevailing technology should all be considered when implementing the information in this guide. First responders to electronic crime scenes should adjust their practices as circumstances—including level of experience, conditions, and available equipment—warrant. The circumstances of individual crime scenes and Federal, State, and local laws may dictate actions or a particular order of actions other than those described in this guide. First responders should be familiar with all the information in this guide and perform their duties and responsibilities as circumstances dictate. When dealing with digital evidence, general forensic and procedural principles should be applied: The process of collecting, securing, and transporting digital evidence should not change the evidence; Digital evidence should be examined only by those trained specifically for that purpose; Everything done during the seizure, transportation, and storage of digital evidence should be fully documented, preserved, and available for review. First responders must use caution when they seize electronic devices. Improperly accessing data stored on electronic devices may violate Federal laws, including the Electronic Communications Privacy Act of 1986 and the Privacy Protection Act of 1980. First responders may need to obtain additional legal authority before they proceed. They should consult the prosecuting attorney for the appropriate jurisdiction to ensure that they have proper legal authority to seize the digital evidence at the scene. In addition to the legal ramifications of improperly accessing data that is stored on a computer, first responders must understand that computer data and other digital evidence are fragile. Only properly trained personnel should attempt to examine and analyze digital evidence.

Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition

As the use of the Internet and other computer networks has grown rapidly in recent years, so has the opportunity for electronic crime. Unlawful activity can be committed or facilitated online. Criminals can trade and share information, mask their identity, identify and gather information on victims, and communicate with co-conspirators. Web sites, electronic mail, chat rooms, and file sharing networks can all yield evidence in an investigation of computer-related crime. This report was developed by the Technical Working Group for the Investigation of High Technology Crimes and is intended to be a resource for individuals responsible for investigations involving the Internet and other computer networks. It is one of a series of electronic crime investigation documents already published or in development by the National Institute of Justice (NIJ). The guides are developed by technical working groups that consist of practitioners and subject matter experts brought together by NIJ to help law enforcement agencies and prosecutors deal with the growing volume and complexity of electronic crime. The series of guides will discuss the investigation process from the first responder, to the laboratory, to the courtroom. Specifically, the guides will address: Electronic crime scene investigation by first responders; Forensic examination of digital evidence; Internet and network investigations; Investigative uses of technology; Courtroom presentation of digital evidence; Development of a digital evidence forensic unit; The recommendations presented in this guide are not mandates or policy directives and may not represent the only correct course of action. The guide is intended to be a resource for those who investigate crimes related to the Internet and other computer networks. It does not discuss all of the issues that may arise in these investigations and does not attempt to cover traditional investigative procedures.

Investigations Involving the Internet and Computer Networks

Each year, nearly 1.3 million children are reported missing. Although the unforeseen absence of a child is always upsetting, fortunately most missing children are returned home in a short period of time. This fact, however, provides little consolation for the parents of children whose whereabouts and welfare remain unknown. When your child is missing, your whole world seems to fall apart. You are bombarded by questions from friends, neighbors, the police, and the media and forced to make decisions that you never thought you would have to make. You feel desperate, confused, isolated. You may feel that you have nowhere to go for help or support. Many parents who have faced similar crises have said that they wished they had a book to tell them where to turn when their child was missing. They felt that they were left on their own to figure out what to do. They longed for someone to give them direction or to tell them where to go for help and what needs to be done. They also wished they had known what to expect and how to respond. This Guide was written by parents and family members who have experienced the disappearance of a child. It contains their combined advice concerning what you can expect when your child is missing, what you can do, and where you can go for help. It explains the role that various agencies and organizations play in the search for your missing child and discusses some of the important issues that you and your family need to consider. The first checklist, What You Should Do When Your Child Is First Missing, summarizes the most critical steps that parents should take when their child is first missing, including whom to call, what to do to preserve evidence, and where to turn for help. The rest of the Guide is divided into seven chapters, each of which is structured to allow you to find the information you need quickly and easily. Each chapter explains both the short- and long-term issues and contains a checklist and chapter summary for later reference. Chapter 1, The Search, focuses on the search for your child and explains how you as a parent can best participate in the search. Chapter 2, Law Enforcement, describes your relationship with law enforcement and offers tips that will help you work together effectively. Chapter 3, The Media, examines issues related to the media, including media packages, press conferences, and interviews. Chapter 4, Photo and Flier Distribution, offers suggestions for producing fliers about your child and for managing the photo and flier distribution process. Chapter 5, Volunteers, focuses on the many uses of volunteers—both trained and untrained—to help in the search and to provide for the needs of the family. Chapter 6, Rewards and Donations, discusses the use of rewards and the management of monetary donations. Chapter 7, Personal and Family Considerations, emphasizes the need to take care of yourself, your children, and members of your extended family. A list of recommended readings and a list of public and private resources appear at the back of the Guide. It is important to note that there is no right or wrong way to respond to the disappearance of a child, nor is there a right or wrong way to feel. The path you follow must be right for you. What makes sense for you will be based on your needs, your experiences, and your circumstances. Our hope is that the Guide will help you to make informed decisions about what you do and how you go about it. You may find that the information in this Guide is overwhelming right now. If so, ask family members, friends, or other support persons to read it for you. They can help you take the steps needed to help recover your missing child. Finally, as hard as it may seem, try to remain hopeful. Remember that hope is more than a wish, helping you to clear this hurdle. Hope is essential to your survival.

When Your Child Is Missing: A Family Survival Guide (Fourth Edition)

Prevention, Office of Juvenile Justice and Delinquency

Family Law

Since its inception, the Office of Juvenile Justice and Juvenile Delinquency Prevention (OJJDP) has initiated and supported a broad range of research, demonstration, evaluation, and training and technical assistance initiatives to prevent and reduce gang crime. A central focus of these anti-gang efforts is to support community endeavors to provide youth with a safe environment in which to grow up. As part of that comprehensive initiative, OJJDP launched the Gang Reduction Program in 2003. The multimillion-dollar initiative was designed to reduce gang crime in targeted neighborhoods by incorporating research-based interventions to address individual, family, and community factors that contribute to juvenile delinquency and gang activity. The program leveraged local, State, and Federal resources in support of community partnerships that implement progressive practices in prevention, intervention, suppression, and reentry. Best Practices To Address Community Gang Problems: OJJDP’s Comprehensive Gang Model provides communities considering implementing the comprehensive gang model with critical information to guide their efforts. The Report describes the research that produced the model; outlines best practices obtained from practitioners with years of experience in planning, implementing, and overseeing variations of the model in their communities; and presents essential findings from evaluations of several programs that demonstrate the success of the model in a variety of environments. OJJDP commends the progress made in the demonstration sites, and we wish them continued success. We remain committed to assisting other communities in assessing their gang problems and developing a complement of anti-gang strategies and activities to address this complex challenge. This Report provides guidance for communities that are considering how best to address a youth gang problem that already exists or threatens to become a reality. The guidance is based on the implementation of the Comprehensive Gang Model (Model) developed through the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Department of Justice (DOJ), and tested in OJJDP’s Gang Reduction Program. The Report describes the research that produced the Model, notes essential findings from evaluations of several programs demonstrating the Model in a variety of environments, and outlines “best practices” obtained from practitioners with years of experience in planning, implementing, and overseeing variations of the Model in their communities. The Model and best practices contain critical elements that distinguish it from typical program approaches to gangs. The Model’s key distinguishing feature is a strategic planning process that empowers communities to assess their own gang problems and fashion a complement of anti-gang strategies and program activities. Community leaders considering this Model will be able to call on the OJJDP Strategic Planning Tool at no cost (http://www.iir.com/nygc/tool/default.htm). OJJDP’s Socioeconomic Mapping and Resource Topography (SMART) system is another online resource available through the OJJDP Web site (go to http://www.ojp.usdoj.gov/ojjdp, and select “Tools”). The main section of the Report presents best practices for the Comprehensive Gang Model and highlights results of a survey and a meeting of practitioners regarding their experiences in implementing the Model. This section contains specific practices that work best in a step-by-step planning and implementation process for communities using the Comprehensive Gang Model framework and tools.

Best Practices To Address Community Gang Problems: OJJDP's Comprehensive Gang Model (Second Edition)

Our most defenseless children are the most likely to be burned intentionally. Child abuse burn victims are almost always under the age of 10 with the majority under the age of 2. Immediate identification of intentional burn victims by those individuals first responding to the call for assistance is crucial because most of the victims are unable to speak for themselves. It is also important that responsible caretakers not be unjustly accused. In this guide you will find information that will assist you to distinguish intentional burns from accidental contact with hot objects. Burn Injuries in Child Abuse provides both guidance on determining the veracity of a caretaker’s report by re-creating the incident and a burn evidence worksheet for use at the scene of an investigation. Information regarding the distinctions between immersion and contact burns is also included. It is our hope that information in this guide will be of use to law enforcement as we all work to protect our children.

Burn Injuries in Child Abuse

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