Challenging the Infallibility of DNA Evidence: A Call for Reform in the Criminal Justice System

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University of the Witwatersrand, Johannesburg

Abstract

Forensic evidence, particularly DNA, has played a significant role in the criminal justice system for decades. Technological advancements such as Polymerase Chain Reaction (PCR) and Short Tandem Repeat (STR) analysis have significantly enhanced the precision and reliability of DNA testing, making it a critical tool for identifying perpetrators and determining their involvement in criminal activities. However, the growing reliance on DNA evidence raises important questions about its perceived infallibility and the potential risks associated with its use. This thesis critically examines the role of DNA evidence in the criminal justice system, focusing on the legal and practical challenges that undermine its reliability and fairness. The study investigates the admissibility standards for DNA evidence, comparing the legal frameworks of South Africa and the United States of America. It highlights the legal problems associated with expert testimony in DNA cases and questions whether current standards adequately address the complexities of forensic science. Despite its transformative impact, DNA evidence is not immune to errors. Issues such as sample contamination, mislabelling, improper laboratory handling, and insufficiently trained personnel can compromise the integrity of DNA evidence, leading to wrongful convictions and undermining the constitutional rights of the accused. This thesis also explores the broader implications of these challenges, questioning the justifiability of convictions based solely on DNA evidence. By critically analysing the limitations and risks associated with DNA evidence, this research aims to contribute to a more nuanced understanding of its role in the criminal justice system and to advocate for reforms that ensure its responsible and equitable use.

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A research report submitted in fulfillment of the requirements for the Master of Laws, in the Faculty of Commerce, Law and Management, School of Law, University of the Witwatersrand, Johannesburg, 2025

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Nkosi, Noluthando Ntokozo . (2025). Challenging the Infallibility of DNA Evidence: A Call for Reform in the Criminal Justice System [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WIReDSpace. https://hdl.handle.net/10539/49396

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