NCJ Number
129002
Journal
Georgia Law Review Volume: 24 Issue: 3 Dated: (Spring 1990) Pages: 669-704
Date Published
1991
Length
36 pages
Annotation
This article proposes a set of guidelines for both judges and attorneys to use when a party introduces DNA-typing evidence into a criminal case.
Abstract
A brief breakdown of the scientific theory and procedures of DNA typing is followed by a discussion of the various admissibility standards currently used by the courts; these standards are then applied to DNA typing. After discussing the impact of introducing DNA typing into a criminal case, including the monetary cost of producing a DNA type and the need for independent scientific experts, the article proposes admissibility standards against which DNA typing evidence should be judged in future criminal trials. The proposed standards are based on the author's assessment that DNA typing is still too new and the procedures too questionable to be used accurately in a criminal case. The standards pertain to gender tests, a mixture test, standard sample runs, standard probes, standard number of probes, nonlinkage of probes, same probe usage, declaration of a match, different concentrations of sample, and standard margin of error. In the latter case, an established margin of error will allow both defense and prosecution to judge the accuracy of the evidence. This safeguard usually goes to the weight of the evidence, but in the case of DNA evidence, it should pertain to admissibility. 162 footnotes