DNA fingerprinting and the substantive law.
The ability to analyse human DNA has the potential to revolutionize legal proceedings--both civil and criminal--especially those which turn on biological or genetic evidence. Examining the positive and negative aspects of DNA fingerprinting, it would appear that the benefits certainly outweigh any disadvantages. In paternity determinations, DNA fingerprinting renders otiose many of the controversial concerns, particularly regarding the determination of legal probability, providing as it does unequivocal evidence of blood relationship. Furthermore, in criminal law, its value is well-documented. The relevant legislation is already in place, therefore no further legislation is required to enable South African law enforcement agencies to make use of the DNA test. The apparently high cost may, however, frustrate its general application to the civil law but with the assistance of the state and law societies, the envisaged problem could be alleviated. To date no other forensic tests rival the accuracy of the DNA test.
Singh
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Department of Private Law, University of Durban-Westville, South Africa.
D003362:Cost-Benefit Analysis / Q000331:legislation & jurisprudence; D016172:DNA Fingerprinting / Q000191:economics; D003906:Developing Countries; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007231:Infant, Newborn; D008297:Male; D010334:Paternity; D011237:Predictive Value of Tests; D011247:Pregnancy; D013019:South Africa