January 20, 2006

Hard Science Revolutionizing
Criminal Justice

COLUMBUS, OH – Congresswoman Deborah Pryce (R-Upper Arlington) today submitted the following editorial:

Our systems of law enforcement and criminal investigation are in part predicated upon the universally accepted concept that those tasked with catching the criminals are significantly smarter than those committing the crimes -- justice will ultimately be served because the good guys are sharper than the bad guys.

There are many instances, however, where despite the dogged diligence and savvy of law enforcement, some crimes are simply unsolvable. But as technology improves, science is increasingly proving to be the decisive factor – and in some instances, the sole factor -- in putting criminals away and keeping our streets safe. The tragic case of Stephanie Hummer exemplifies how science continues to tip the scales of justice in favor of law and order.

For nearly twelve years, the unsolved murder of OSU student Stephanie Hummer haunted our central Ohio community. While last week’s arrest brings finality to the investigation and media coverage of the case, we can only pray that the news brings some semblance of closure for Stephanie’s friends and family.

Throughout the past twelve years, the Columbus Division of Police tirelessly pursued every lead, every break, and every hunch in pursuit of Stephanie’s killer, yet came to an insurmountable impasse. Then, with a cotton swabbing of a felon’s mouth, everything changed, as the felon’s DNA matched a sample collected from Stephanie’s crime scene. Under a new Ohio law, anyone convicted of a felony in Ohio will have their DNA matched against a state database. The State General Assembly is to be commended for its expanded use of DNA evidence, and the federal government will continue to play its important role by helping to fund these initiatives.

Just as the forensic analysis of fingerprints did a century ago, DNA continues to revolutionize how criminals are caught, and how the innocent are exonerated. But unlike fingerprint collection and analysis, DNA testing is decidedly expensive. Last year, I was able to help secure a significant increase in federal funds to speed up the process of testing DNA samples collected from crime scenes and convicted offenders. The fiscal year 2005 Omnibus Appropriations conference report contained $110 million in funding to help eliminate a backlog of Ohio DNA samples needing to be tested. This money arrived on the heels of funding the state of Ohio received the previous September in the amount of $1.5 million to improve DNA testing facilities and increase testing efficiency, of which more than $150,000 was directed to the City of Columbus Crime Laboratory. Moreover, this year, the federal government provided over $100 million for the processing of untested DNA through the Department of Justice and the DNA Index System.

In addition to the aforementioned federal investments in DNA technology, last year I co-authored legislation aimed at protecting victims of violent crime by using DNA technology to keep criminals off the streets. The Justice for All Act of 2004, which has been signed into law by President Bush, seeks to enhance the rights and protections of all persons who are involved in the criminal justice system.  Among other things, the law focuses on eliminating the backlog of DNA samples collected from crime scenes and convicted offenders and improving the DNA testing capacity of federal, state, and local crime laboratories.

Most recently, on January 5, 2006, the President signed into law the Violence Against Women and Department of Justice Reauthorization Act, which  broadens the categories of individuals who are subject to DNA testing to include  those who are arrested and detained under federal jurisdiction. For FY 2006, $108 million will be appropriated for a DNA analysis and capacity enhancement program, and for other State, local and Federal forensic activities.

There are very few absolutes in our legal system. Juries typically acquit or convict the accused based on fluid concepts and inexactitudes like eyewitness testimony, circumstantial evidence, or character witness testimony. However, when hard science like DNA technology can rule out suspects or determine with indisputable certainty that the suspect was at the scene of the crime, these technologies should be harnessed and utilized to the fullest extent possible, and deliver on our shared goal of administering justice for all.