Abstract
After a decade of courtroom battles and heated academic debate, the United States has entered an age where the scientific validity of deoxyribonucleic acid (DNA) evidence is not subject to serious dispute. The problem with DNA evidence is no longer one of validity, but one of proficiency. Two confounding variables in the DNA testing process weaken and often destroy DNA's powerfulness and usefulness in the courtroom: crime labs and juries.This Note proposes new and stringent standards for the admissibility of DNA evidence. The admissibility of forensic DNA evidence must be conditioned on its examination by a crime lab governed by uniform national standards. Such governing national standards must encompass every aspect of the forensic process, from chain of custody to DNA testing procedures, in order to ensure the reliability of DNA evidence. Implementing such a comprehensive national standard, however, only represents a first step toward solving the problem of DNA evidence in the courtroom. This step, however, fails to address the second problem facing the effective use of DNA in courtrooms: juries.
Publisher
Cambridge University Press (CUP)
Subject
Law,General Medicine,Health(social science)
Reference17 articles.
1. Individual-specific ‘fingerprints’ of human DNA
2. My Brother's Keeper: A Challenge to the Probative Value of DNA Fingerprinting,;Rosenthal;AM. J. CRIM. L.,1995
3. Admissibility of DNA Identification Evidence,;Fleming;A.L.R. 4th,1991
4. Coming to Grips with Scientific Research in Daubert's “Brave New World“: The Court's Need to Appreciate the Evidentiary Differences Between Validity and Proficiency Studies,;Imwinkelried;BROOK. L. REV.,1995
5. Detection of specific sequences among DNA fragments separated by gel electrophoresis
Cited by
3 articles.
订阅此论文施引文献
订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献
1. Accreditation: Laboratory;Wiley Encyclopedia of Forensic Science;2009-04-17
2. Les effets de vérité du discours de l’ADN pénal au Canada 1;Criminologie;2008-07-10
3. Communicating Uncertainty in Intelligence and Other Professions;International Journal of Intelligence and CounterIntelligence;2008-01-02