Forensics & Criminology

Nowadays, the implementation of the law in the science of Forensics & Criminology, acquires special importance.

New methods, new techniques, (often highly invasive in a person’s dignity and personality), offer reliable tools and results in the crime arena.

Therefore, this area of specialization, includes a proper understanding, of the forensic science by the lawyers such as DNA analysis, fingerprinting, ballistics investigations etc. in order to defend properly and effectively their clients.

Only the knowledge and the deep understanding of the forensic science can lead to the effective defense of the accused before the Court.

On the other hand, these new methods, due to the fact that they are highly invasive, cannot be exercised in any manner, mean and at any price.

The European legislation as well as the Jurisprudence of the European Courts (mainly the European Court of Human Rights), determines with strict rules, the frameworks that the measure can be exercised.

Deep knowledge of the above constitutes an essential tool for an effective defense before the Court.

Chatzoulas Konstantinos is one of the first Greek lawyers – experts in this field. He studied Forensics Criminology and Law in Maastricht University and he graduated in 2012 from this unique European postgraduate program.

Is DNA important for the law?

DNA analysis, or in other words the genetical ID of every person, is an important tool for the law used in a variety of cases, both civil and criminal.

Court orders for DNA analysis is, for instance, very common in paternity cases.

The outcome of criminal cases is often merely depended on the results of DNA analysis. And thus, because the accuracy and the effectiveness of DNA as an evidential tool is generally accepted and characterized by the experts as a “golden standard”.

 

What can the lawyer do?

The role of the lawyer is to protect the rights of his client. As already mentioned DNA results are considered as effective and accurate. . But this is true only provided that the entire process (sample concentration, analysis, result), is performed in compliance with the strict European standards.

Therefore, the expert lawyer plays a key role during the whole process, acting as a guardian of his client. Ηe shields the entire process by defending his rights effectively.

The expert lawyer protects his client dignity and personality; He is able to read the analysis of DNA result, identify its loopholes and thus form the most effective defense.

 

Is DNA infallible?

Provided that the entire process is completed in strict compliance with the relevant protocols, the information given by the DNA is considered reliable.

However, this does not mean that the information given by DNA, suffice for an accused conviction or acquittal in all cases. The information that the DNA gives, is the existence or the absence of a person at a specific time in a specific place.

It is an important evidential tool, which should be combined with the others tools, in order to form the judicial decision.

 

Is DNA a useful tool only for an accused guilty?

No. Primary DNA should be considered an important tool for an accused acquittal. An important example in this direction is a program in the U.S.A, which is called innocence project. Due to this program and the DNA analysis hundreds of convicted persons released, from past convictions.