Proof That DNA Evidence Can be Fabricated

I consider that the use of cutting-edge technology is an imperative in the provision of public goods and services. Therefore in spite of my real skepticism for some functions undertaken by governments, one area where I support it is in the provision of public safety as a public good. But having read Actual Innocence, and encountered the critical ways in which DNA evidence has been used to free people who were wrongfully convicted for murder, I have had enormous respect for DNA evidence in forensics and law enforcement.

My impression from that book was that thanks to lawyers such as Barry Scheck and the Innocence Project, DNA evidence is really a neutral factor in criminal prosecutions because it can work (sometimes retrospectively)to clear innocent accused and expose police and prejudicial prosecution and corruption. So in a way, the oft-stated conservative mantra that only criminals need to fear was partially justified.

However, Andrew Pollack's interesting piece in the NYT today states that scientists in Israel have demonstrated that DNA evidence can be fabricated. To my mind, this does not on its own discredit DNA evidence as much but is a mere reminder to law enforcers generally and judges in particular to treat evidence carefully and to allow for wider and dispassionate scrutiny. Indeed, the point of the story is to illustrate that the firm called Nucleix has developed a mechanism for distingusihing between authentic samples and manipulated ones.

Having read the book stated above, I am not sure that the average criminal would be interested in fabricating samples to incriminate another person. Instead, it is the police and prosecuting authorities whose evidence must be subjected to stricter tests. The real concern for anyone with a liberatarian inclination is the possibility that one's DNA material may be illegally harvested and published. Still, I am sure that the response is not to banish technological development as much as ensure that there are appropriate legal remedies for such action.