NCJ Number
216099
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 50 Issue: 5 Dated: October 2006 Pages: 487-505
Date Published
October 2006
Length
19 pages
Annotation
This article explores the relative merits of the Debbie Smith Act or “Justice for All” Act in relation to rape cases and its impact on Sexual Assault Nurse Examiner programs, law enforcement, court administration, correctional treatment, and juvenile justice practices.
Abstract
Prior to the passage of the Debbie Smith or “Justice for All” Act, the major delay in DNA testing was the lack of funding and the absence of appropriate training. However, since the Act allocates considerable financial resources to reduce the backlog of rape kit samples and the training of laboratory technicians, the implementation will in all likelihood be efficient and effective. The Act makes DNA testing, particularly in rape cases, a routine occurrence. Moreover, all those involved would like to have this evidence at its disposal when tracking and profiling offenders, or evaluating the crime of rape, given the scientific quality of DNA evidence. Overall, the Act represents powerful legislation that, in many ways, is long overdue. However, there are limits to the Act which affect personnel in the forensic and justice areas. Police will need to be better trained in their interactions with victims of rape, given the sensitivity of the crime. The court system will have to respond to a growing number of writs from inmates for DNA testing. Prosecutors will have to reassess their priority of prosecution efforts and focus on sexual offenders. Inmate reentry and early release initiatives will have to be reevaluated. Lastly, the treatment of juvenile sexual offenders will need to be reexamined. The use of DNA technology in criminal profiling emerged in the 1980s. On November 1, 2004, President George W. Bush signed into law the Debbie Smith or “Justice for All” Act, making extra funding available so that all DNA samples sitting in various local and State crime laboratories could be tested. This article explores the implications of the Act, especially in relation to forensic and crime and justice practices. Implicated here are changes affecting sexual assault nurse examiner (SANE) programs, law enforcement work, court administration, correctional treatment, and juvenile justice. References