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The role of DNA evidence in criminal proceedings
Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2022.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613571481862144 |
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| access_status_str | Open Access |
| author2 | Grobler, Chazanne |
| author_browse | Grobler, Chazanne |
| author_facet | Grobler, Chazanne |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/89483 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:15.902Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/89483 The role of DNA evidence in criminal proceedings Grobler, Chazanne u22938819@tuks.co.za Moletsane, Rearabetsoe Keresi UCTD Scientific evidence DNA evidence DNA profiling Admissibility Relevance Chain of custody Federal Rules of Evidence Federal Rules of Criminal Procedure Criminal Procedure Act Criminal justice system Mini Dissertation (LLM (Procedural Law))--University of Pretoria, 2022. The use of forensic evidence has been utilised in our criminal justice system for decades and has continued to develop immensely over the years. Technological advancements regarding DNA profiling techniques, such as the Restriction Fragment Length Polymorphism (RFLP) and the Short Tandem Repeat analysis (STR), have made it possible for DNA testing to become more accurate. DNA evidence can be used for multiple reasons such as the identification of the perpetrator and the extent to which they were involved in the crime. This dissertation seeks to understand the role of DNA evidence in criminal proceedings as well as the admissibility requirements of DNA evidence by comparing two jurisdictions, namely, South Africa and the United States of America. DNA evidence undoubtedly plays a massive role in our criminal justice system; however, it is not a perfect system without error as several problems could arise during the collection, testing or using of DNA evidence. Although there are several legislative provisions that have been established regarding the use of DNA evidence, factors such as the contamination of samples, mislabelling of samples, improper preparation of laboratory results and inadequately qualified field workers pose a threat to the quality of DNA evidence that is produced and handed to legal representatives to use in court and build their case. These problems often lead to miscarriages of justice which negatively impede the growth of our justice system as well as the rights of the accused to a fair trial. In addition, these issues raise questions concerning the reliability of DNA evidence and whether convictions based solely on DNA evidence are justifiable. Procedural Law LLM (Procedural Law) Unrestricted 2023-02-14T10:08:46Z 2023-02-14T10:08:46Z 2023-05 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/89483 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Scientific evidence DNA evidence DNA profiling Admissibility Relevance Chain of custody Federal Rules of Evidence Federal Rules of Criminal Procedure Criminal Procedure Act Criminal justice system The role of DNA evidence in criminal proceedings |
| title | The role of DNA evidence in criminal proceedings |
| title_full | The role of DNA evidence in criminal proceedings |
| title_fullStr | The role of DNA evidence in criminal proceedings |
| title_full_unstemmed | The role of DNA evidence in criminal proceedings |
| title_short | The role of DNA evidence in criminal proceedings |
| title_sort | role of dna evidence in criminal proceedings |
| topic | UCTD Scientific evidence DNA evidence DNA profiling Admissibility Relevance Chain of custody Federal Rules of Evidence Federal Rules of Criminal Procedure Criminal Procedure Act Criminal justice system |
| url | https://repository.up.ac.za/handle/2263/89483 |