A PROJECT REPORT ON

“EVIDENTARY VALUE OF DNA FINGERPRINTING IN THE

LIGHT OF O.J.SIMPON’S CASE”

EVIDENCE LAW

SEMESTER:6

THE TAMIL NADU NATIONAL LAW SCHOOL

SUBMITTED TO: SUBMITTED BY:

DEEPA MANICKAM LAXMIPRIYA

ASST. PROFESSOR BA0140030

 TABLE OF CONTENTS
1. Introduction.......................................................................................................1

2. History And Application Of DNA Fingerprinting: Case Laws And DNA

Database…………………………………………………………………..……..3

2.1. History/ Background Of Evolution of technique

2.2 DNA Profiling Process

2.3 Surreptitious DNA Collecting

2.4. Application Of DNA Fingerprinting

2.5. DNA Databases

3. DNA Testing In USA & INDIA (Legal Issues Concerned With DNA
Fingerprinting)……. ……………………………………………………………9

3.1. DNA Testing in U.S

3.2. DNA Testing in INDIA

3.3 INDIAN CASE LAWS BASED ON DNA FINGERPRINTING

3.4 THE PEOPLE v. ORENTHAL JAMES SIMPSON CASE

4. LIMITATIONS………………………………………………………….….12

5. Conclusion.......................................................................................................14

Bibliography

ii
 ABSTRACT

Deoxyribonucleic acid or DNA1, to produce a DNA fingerprint that is completely individual-

specific and shows somatic and germline stability2. These DNA fingerprints are derived from
a large number of highly informative dispersed autosomal loci and are suitable for linkage
analysis in man, and for individual identification in, for example, forensic science and
paternity testing2. The technique has used since 1984, making it highly developed and
improved later in many following years.They can also be used to resolve immigration
disputes arising from lack of proof of family relationships. To illustrate the potential for
positive or inclusive identification, we now describe the DNA fingerprint analysis of an
immigration case, the resolution of which would have been very difficult and laborious using
currently available single-locus genetic markers.

The aim of this project is to find the evidentiary value of DNA fingerprinting in the light of
the decided case laws with special reference to O.J Simpson’s case. The research
methodology used is purely doctrinal in nature. The research questions involved is basically
to analyze the emerging technique in criminal cases, also to understand the drawbacks and
the loopholes of this technique.

The use of various secondary sources such as books, articles and case laws have been referred
to conduct the research work.

KEY WORDS: DNA fingerprinting, evidence, O.J. Simpson’s case, criminal investigation,
forensic, unique.

1
Jeffreys, A. J., Wilson, V. & Thein, S. L. Nature 314, 67−74 (1985)
2
Jeffreys, A. J., Wilson, V., Thein, S. L., Weatherall, D. J. & Ponder, B. A. J

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 CHAPTER-1

1. INTRODUCTION
“The vigilant search for truth is the hallmark of our criminal justice system. Our methods of
investigation, rules of criminal procedure and appellate process are designed to ensure that
the guilty are punished while the innocent are protected. However, while ours is a system to
be cherished, it is not a perfect system, and those charged with the administration of justice
have a responsibility to seek its continued improvement.”3

DNA fingerprinting conjointly called DNA testing, DNA typing, or genetic fingerprinting
refers to a technique used by rhetorical scientists to aid in identification of people by their
various DNA profiles. DNA profiles in general refers to encrypted sets of numbers that
replicate a human DNA makeup, which may even be used because the person's unique
identifier. A DNA fingerprint of any person remains same throughout his lifespan and any it's
distinctive for each individual. This is the premise of DNA process. Deoxyribonucleic acid
process basically done and is conducted for various functions like criminal investigation or
parental testing etc.

Dr. Alec Jeffereys of the University of Leicester is well known as the father of DNA
fingerprinting. DNA analysis was 1st introduced into policing in 1986 by United Kingdom
police during a murder investigation. Deoxyribonucleic acid fingerprinting, has given police
the power to courts a way of knowing the perpetrators of rapes and murders with a really high
degree of confidence. However, the acceptability of DNA fingerprinting as proof in purview
of the court of law remains a matter of discussion. The arguments given against this typically
focuses on the misuse of such techniques and raises issues over varied ethical and moral
aspects of this explicit technique.

This project analyses the evidentiary value of DNA fingerprinting in lieu of/1varied case laws
and particularly with relevancy of O.J.Simpson’s murder trial case. during this project an
effort has been done to deal with varied disputes related to the admissibility of DNA proof
within the court of law. The most strongly contested DNA admissibility hearing held to date
occurred in United States v. Yee, 134 F.R.D. 161 (N.D. Ohio 1991. 

3
Nidhi Tandon, THE JOURNEY FROM ONE CELL TO ANOTHER: ROLE OF DNA EVIDENCE,
(2004) 8 SCC (J) 17, http://www.ebc-india.com/(last accessed on 10/03/2016 at 14:00)

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The victim in “Yee” was shot 14 times at close range in his own van.  He was apparently
mistaken by his assailants as the leader of a rival gang.  Blood enzyme tests on blood stains
recovered from the van revealed that some of the blood was not consistent with that of the
victim’s, leading investigators to theorize that one or more of the rounds fired into the van
miscarried, hitting one of the attackers. 4

The various research questions are been tried to answer in this particular research work.

4
http://forensiclaw.uslegal.com/evidentiary-value-of-dna-evidence/#sthash.33q0MZMV.dpuf (last accessed on
10/03/2016 at 13:00)

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 CHAPTER 2

2. HISTORY AND APPLICATION OF DNA

FINGERPRINTING: CASE LAWS AND DNA DATABSES

2.1. HISTORY/ BACKGROUND OF EVOUTION

“I’ve found it! I’ve found it”, he shouted, running towards us with a test-tube in his hand. “I
have found a re-agent which is precipitated by hemoglobin, and by nothing else”,’ says
Sherlock Holmes to Watson in Arthur Conan Doyle’s first novel A study in Scarlet from1886
and later: 'Now we have the Sherlock Holmes’ test, and there will no longer be any difficulty.
Had this test been invented, there are hundreds of men now walking the earth who would
long ago have paid the penalty of their crimes’ 5

100 years later the British was surprised again of having been found of found extraordinarily
variable and heritable patterns from repetitive DNA analyzed with multi-locus probes. Alec
Jeffreys discovery shook many people with surprise but he did not named it after him but
named the technique as DNA Fingerprinting. However, the first case (March 1985) was not
strictly a forensic case but one of immigration 6 .The application of this particular technique
which was introduced new facts of evidence in the criminal investigation. It gained first
attention by application of DNA fingerprinting saved a young boy from deportation.
According to Alec Jeffreys’ words: 'If our first case had been forensic I believe it would have
been challenged and the process may well have been damaged in the courts’7.

The years after the discovery of DNA fingerprinting were characterized by a mood of
cooperation and interdisciplinary research. None of the many young researchers who has
been there will ever forget the DNA fingerprint congresses which were held on five
continents, in Bern (1990), in Belo Horizonte (1992), in Hyderabad (1994), in Melbourne
(1996), and in Pt. Elizabeth (1999)8
5
Doyle AC. A study in scarlet, Beeton’s Christmas Annual. London, New York and Melbourne: Ward, Lock &
Co; 1887

6
Jeffreys AJ, Brookfield JF, Semeonoff R. Positive identification of an immigration test-case using human
DNA fingerprints. Nature. 1985;317:818–819. doi: 10.1038/317818a0

7
University of Leicester Bulletin Supplement August/September 2004

8
Budowle B, Giusti AM, Waye JS, Baechtel FS, Fourney RM, Adams DE, Presley LA, Deadman HA, Monson
KL. Fixed-bin analysis for statistical evaluation of continuous distributions of allelic data from VNTR loci, for

3
Fig 1 : Microscopic view of multilocus probes (MLP) detect sets of 15 to 20 variable
fragments per individual ranging from 3.5 to 20 kb in size

Fig :1

2.2 DNA PROFILING PROCESS

The main basis of the deoxyribonucleic acid procedure method is that apart from the identical
twins DNA sequences mostly are distinctive in every, individual. Though, 99.9% of human
DNA sequences tends to be identical in each and every individual enough DNAs exists
completely different to assist the scientists to determine an individual at the exclusion of
others. Further, no individual’s DNA can be modified by him even through operation. Thus,
deoxyribonucleic acid or DNA profiling is permanent identity of a person by exclusion of all
others.

Fig :2 Stages of DNA profiling

A paper published by D.J. Balding provide a clear understanding of calculating the

probability that the accused is the person who possesses a given DNA profiling According to
him the uniqueness and DNA match depends on the population of all the other people who

use in forensic comparisons. Am J Hum Genet. 1991;48:841–855.

4
can be considered as possible suspects for the crime at issue. This hints that all other persons
in a population must be eliminated from the probability that any one of them may have the
same match as the accused have Thus one can come to the conclusion that the smaller the
match probability, the stronger the evidence in support of the proposition that the crime
sample came from the accused.

The DNA fingerprinting method starts by taking some sample of individual’s DNA. This
sample is typically referred also as “Reference sample”. the most effective technique of
getting a DNA reference sample is the” Buccal Swab “which uses DNA samples that are
collected from the inside cells of mouth. The deoxyribonucleic acid samples obtained in such
manner have less probabilities of being contaminated. DNA samples also can be collected
from blood, skin, hair, tissues or human semen etc. The technology these days has proven to
be very effective and powerful that even the blood-stained wear of President Lincoln was
used and therefore the deoxyribonucleic acid analyzed for proof of a genetic abnormality
known as Marfan's syndrome.

FIG 3: Pictorial Represenation OF DNA Chromosome technique

Fig : 3

This reference sample is then examined through some chemical reactions and this is how the
final patterns taken, can be compared with the samples of another DNA to attain a specific
conclusion.

But as every process involves many challenges this process too initially faced many
challenges. it had been argued that the outcomes of DNA fingerprinting can't be accepted as

5
substantial evidences within the court of law reason being they might sometimes gives away
faulty results either because of contamination of the sample or may be due to faulty
preparation procedures. Thus, it is always suggested to improvise the procedures involved in
assortment of reference samples and their tests.

2.3 SURREPTITIOUS  DNA COLLECTING:

Police forces might collect polymer samples without any knowledge of suspects the suspects'
data, and use it as proof. Lawfulness of this mode of continuation has been questioned in
Australia.

In the U.S., it's been accepted, courts usually claiming that there was no expectation of
privacy, citing California v. greenwood (1985), during which the Supreme Court has held
that the Fourth amendment doesn't forbid the warrantless search and seizure of garbage left
for assortment outside the grounds of a home. Critics of this practice underline the actual fact
that this analogy ignores that "most of the people don’t have any clue that they risk
surrendering their genetic identity to the police by, for example, failing to destroy an already
used cup. Moreover, even though they understand this, there's no way left to avoid
abandoning one’s DNA publically."

In the UK, the Human Tissue Act 2004 prohibited individuals, from covertly taking
biological samples (hair, fingernails, etc.) for DNA analysis, however this excluded medical
and criminal investigations from the offence.

2.4. APPLICATION OF DNA FINGERPRINTING

DNA Fingerprinting has very wide applications in the evidence law. It is widely accepted and
has various usages.

Some of the uses are listed below:

a. In case of any sort of paternity disputes this technique is used.

b. In this modern era it is widely used to diagnose the inherited disorders in both of the
parental and the infants or new born babies.

6
 c. The death of soldiers in extreme conditions such as natural calamity or wars makes it
difficult for identification of bodies thereby this technique is basically used to identify
the bodies of martyrs.
d. In absence of fingerprinting the biological specimens are used such as hair, semen
stains or blood this may prove to be of great importance in criminal cases which
require evidentiary proof.
e. In case of various accidents where the deceased body is beyond identification the
DNA fingerprints are used for the recognition of the body
f. In medical science to match organ donors with recipients in transplant.
g. One of its important usages is in detect bacteria and other organisms that may pollute
air, water, soil, food etc.
h. It is also used to suspect the criminals and collect evidence against the, one who were
present at the crime scene.

2.5. DNA DATABASES

 At present there exist currently many DNA databases around the globe. Some exist as
private; however most of the important databases usually are government controlled. The U.S
maintains the biggest DNA collection of data, with the Combined DNA Index System,
holding over six million records as of 2007. The U.K. maintains the National DNA data
(NDNAD) that is of comparable size, despite the UK's smaller population. the measure of
this information, and its rate of growth, is giving concern to civil liberties representators
within the United Kingdom, wherever police have wide-ranging powers to obtain samples
and retain them even in the event of final judgment
The U.S. PATROIT Act of the U.S provides a way for the U.S. government to procure DNA
samples from different countries if they] are either a division of, or head workplace of, a
corporation operational within the U.S. In the act, the U.S offices of the corporate cannot
disclose to their subsidiaries/offices in different countries the explanations that these DNA
samples are wanted or by whom.

7
When a match is done from a National DNA Databank to link an offence scene to a
wrongdoer who has provided a DNA Sample to a databank that link is usually mentioned as a
failure. Development of a DNA database
In the USA, the DNA Identification Act of 1994 authorized the Federal Bureau of
Investigation to expand a pilot project into a national DNA database, the Combined DNA
Index System (CODIS), as a tool for solving violent crimes. CODIS combines DNA analysis
with computer technology to enable crime laboratories at the local, state, and national levels
to exchange and compare DNA profiles electronically.

The database comprises two indexes: the Forensic Index, which contains DNA profiles from
crime scene evidence, and the Offender Index, which contains profiles from those convicted
of felony sex offenses and other violent crimes. The system is based on the amplification of
13 core STR loci, as well as the amelogenin gene, which is located on the X and Y
chromosomes and is useful in determining the sex of an individual.

CHAPTER: 3

3. DNA TESTING IN USA & INDIA (LEGAL ISSUES

CONCERNED WITH DNA FINGERPRINTING)
3.1. DNA TESTING IN U.S

IN U.S there are various state laws on DNA profiling in all states. DNA fingerprinting has
varied applications and all the databases and thereby the laws related tacit can be found in the
National Conference of State Legislatures website.

3.2. DNA TESTING IN INDIA

8
In INDIA there are numerous cases involved where the DNA testing was involved.

3.2.1 LEGAL ISSUES CONCERNED WITH DNA FINGERPRINTING

1. DNA PROFILING IN EVIDENCE LAW:

The Indian Evidence Act, 1872 sections 45 and 46 deals with the opinion of experts in the
evidence law the main ingredients involved in these two sections are that court will rely on
the expert opinion of matters which are very technical. If some evidence that are considered
irrelevant in view of law may be relevant and can be considered if given by the experts.

2. DNA PROFILING & HUMAN RIGHTS:

Sir Alec Jeffreys who is also considered as the pioneer of fingerprinting technique put forth
the plan of having stored all the genetic details of many people in England and Wales but the
verdict of European court was of utter disappointment that ruled that such collection would
ultimately lead to breach of people’s right to privacy.

3. DNA FINGERPRINTING AND Cr. P.C

Still there exists no particular legislation enacted in India regarding DNA profiling (DNA Bill
2007 still is not paased by the legislature.) Yet sec. 53 and 54 of the Criminal Procedure
Code, 1973 which basically provides for DNA tests extensively. Basically section 53 mainly
deals with the examination of the accused by medical experts when any police officer if any
of the reasonable grounds does exists in commission of the offence.
Also section 54 or Cr.P.C. 1973 includes and also thus provide for the investigation of
arrested person by some registered medical practitioner at special request.
3.3 INDIAN CASE LAWS BASED ON DNA FINGERPRINTING

 Naina Sahni9 case or popularly known as Tandoor case.

 Nirmaljeet Kaur v. The state of Punjab10: in this case where a child was taken away
from the custody of mother other the DNA profiling was done and the family dispute was
resolved on the claim of the son to identify real mother.

9
State v. Sushil Sharma, 2007 CriLJ 4008
10
W/p (crl.) 110 of 2003

9
 In another case of Villainy v. Kunhiraman: in this case basically the dispute regarding
the paternal property was resolved by conducting the DNA fingerprinting test.

 Also in another case of Diana R. murder case 11 in Banaras: the facts of the case are a
couple from U.K visited Banaras in India. They went missing for almost a year. Their guide
was suspected and on investigation it was. The bodies of the couple were buried in cemented
floors of the room of accused. The body of deceased in this case which was found in
unidentifiable state was recognized through mainly dental record analysis and DNA testing.

 DNA fingerprinting has been used to solve many cases such as Priyadarshini Mattoo
(Santosh Kumar Singh v. State thr. CBI) 12, she was a 25-year-old law student who was found
raped and murdered at her house in New Delhi in 1996. In the year 2006, the Delhi High
Court found Santosh Kumar Singh guilty on both counts of rape and murder. Yet another
case is of Naina Sahani murder case (State vs Sushil Sharma)13, Rajiv Gandhi assassination
(State through superintendent of police CBI/SIT vs. Nalini and Ors.) 14 The infamous Rajiv
Gandhi assassination case of 1992 using DNA fingerprinting technology and many more
cases are present as example.
3.4 THE PEOPLE v. ORENTHAL JAMES SIMPSON CASE

This is a very famous case15 declared as most suspenseful case according to Time magazine.
The facts of the case involved are as follows:

Orenthal James Simpson a well known person was convicted of killing his ex-wife and also
her friend Ronald Goldman. As the case involved the famous celebrity this case is well
known in history and in public domain. It was in this famous case DNA Profiling or in other
terms DNA fingerprinting or Genetic fingerprinting gained much of an attention.

11
Dharam Deo Yadav v. State Of Uttar Pradesh, Appeal No. 2726 of 03
12
( 2010 ) 9 SCC 747
13
2007 ,CriLJ 4008
14
AIR,1999 SC 2640
15
THE PEOPLE v. ORENTHAL JAMES SIMPSON (1994) 29 Cal, App

10
It is prime importance to have knowledge about the particular notion that DNA evidence
alone does not necessarily leads to conviction of the accused. The circumstances and various
other things are involved in proving the person guilty of a crime committed.
The case of prosecution side was based mainly on DNA evidence. The most important piece
of evidence being the glove which had blood stains on it which was basically recovered from
the O.J. Simpsons estate.

The glove which was found from Simpson’s house was of accurately his size and also had
fibers matching wit Goldman’s shirt, Brown’s and Goldman’s hair etc. the blood stains found
matched the blood sample of Simpson and the two deceased found on the crime scene.
Another crucial evidence found was the blood stained socks found from Simpson’s master
bedroom, it had the blood stains that eventually matched for both Simpson and Brown also
the DNA fingerprints and other things together matched up with the accused. But still there
existed various loopholes in the case and due to the failure on part of the prosecution the case
the defense experts were able to defend the case easily, which also contained the false reports
of Forensic Science Associates.
But ultimately because of a failure on the part of the prosecution the court gave the judgment
in favor of O.J Simpson and he was ultimately acquitted. The judgment of case O.J Simpson
ultimately gave importance of various cases involving DNA Profiling process.

CHAPTER: 4

4. LIMITATIONS

4.1. FAKE /FALSE EVIDENCE

The value of DNA proof should be seen in lieu of recent cases wherever criminals planted
false or fake DNA samples at crime scenes. In one case, a criminal even planted fake DNA
proof in his own body:

11
Dr. John Schneeberger raped one amongst his insensitive patients in 1992 and left semen on
her underclothes. Police drew the nexus between what they believed to be Schneeberger's
blood and compared its DNA against the crime scene semen DNA on four occasions, which
never matched. It came into light that that he had surgically inserted a Penrose drain into his
arm and stuffed it with foreign blood and anticoagulants.

4.2 DISADVANTAGES OF DNA FINGERPRINTING

1. There exists a chance of 1 in 40 billion of the chances of the two DNA sequence
existing similar and thereby defy the main ingredient of DNA profiling being unique.
2. The shortage of authentication and also reliable laboratories around the world leads to
failure in the progress of the evolution of the process of DNA fingerprinting process.
3. The process itself is complex and tedious, and can give results that may be hard to
interpret many a times and becomes difficult to co e to the conclusion.

4. Privacy issues could occur if the information isn't kept secure at the lab. Personal
information legally can only be released with a written order. This personal information if
leaked, could potentially complicate insurance processes, health care and job prospects for an
individual.16
5. Although DNA Fingerprinting is a highly advanced process, there are still some
things that it is unable to do.  In dogs for example, a fingerprint does not make it possible to
determine if the animal is a carrier of a disease causing allele. Also, a DNA fingerprint is
unable to show a crossbreed in animals.  This is because second or third generation crosses
cannot be seen by working backwards in a pedigree.  It may soon become possible to
discover the crossbreed of dogs, although right now this is not possible.17
6. DNA evidence can be compromised in criminal cases in a lot of ways, and the
evidence only helps prove that an individual was present at a certain location, not exactly
when or what they were up to while there (other than in the case of sexual assault, where the
DNA is a bit more damning if it's found on the victim.)18

16
http://allaboutdnafingerprinting.weebly.com/ (last accessed on 15/03/2016 at 16:00)
17
http://dnafingerprinting19.tripod.com/(last accessed on 15/03/2016 at 17:00)
18
http://www.enotes.com/homework-help/what-dna-finger-printing-358417 /(last accessed on 15/03/2016 at
19:00)

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DNA profiling is the process of mapping out the sequence of and presence of certain genes. 
It's expensive and time consuming still in most cases accurate under the right conditions.

CHAPTER: 5

5. CONCLUSION
DNA being of the most important invention or discovery in providing aid to the legal experts
and technicians in solving the cases which in past was almost difficult to be proved in the
light of the evidentiary value. Many of the lives have been saved as per this invention. For
public benefit at large this invention of DNA profiling. In the human lives where martyrs are
dies it used to be very difficult to identify the person and the families who did not even have
the chance of performing the last rituals such invention has brought a ray of hope not only
this millions of lives were saved because of the invention of this particular technique. The
DNA evidence holds lot of value and can even punish or acquit a suspect in numerous cases.

13
Even though there are numerous loopholes and drawbacks in this process it is important to
resolve those lacunas. Thus in most of the famous cases it has been laid down and one could
easily infer the DNA fingerprinting process a very vital tool in criminal investigation process.
What one must do is to take proper care and caution and should try to take all possible
measures and caution while collecting the DNA samples as even a slight carelessness may
lead to alteration in final results. Thus DNA fingerprinting process should be used with
utmost care that will ultimately lead to justice to people as well as will be a boon to the
criminal justice system.

BIBLIOGRAPY
Book referred:
1. BM Prasad & Manish Mohan, Ratanlal & Dhirajla, The Law of Evidence, 25th Edition
2015, Lexis Nexis, New Delhi.

Article referred

14
1. Bobby Chavli, Annette Summers, and Mary Napier, “DNA Fingerprinting Comes Of
Age” Wed, 08/28/2013
2. Lutz Roewer, DNA fingerprinting in forensics: past, present, future, Published online
2013 Nov 18, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3831584/

3. J.A. Lobbia,`DNA Fingerprinting`, The Tribune | April 29, 1988,

http://articles.chicagotribune.com/keyword/dna-fingerprinting

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