NCJ Number
137621
Journal
Georgetown Law Journal Volume: 79 Issue: 2 Dated: (December 1990) Pages: 313-336
Date Published
1990
Length
24 pages
Annotation
Recent court cases illustrate the profound impact DNA identification tests may have on criminal prosecutions, both in assisting law enforcement efforts and in dismissing charges against innocent persons. As a few DNA cases have reached the appellate courts, the question of the admissibility of DNA evidence must now be confronted. This article is concerned with the admissibility of DNA evidence rather than with the substantive issue of the reliability of DNA fingerprinting techniques.
Abstract
Two essential elements of DNA typing methodology -- restriction fragment length polymorphism analysis and the application of population genetics -- are briefly summarized. The article discusses the Frye test, used by most courts to determine whether to admit novel scientific evidence. Five major criticisms of the test are discussed. The author concludes, after an examination of the case of People v. Castro, that crucial DNA evidence offered by the prosecution should have been inadmissible. The Downing approach, developed by the U.S. Court of Appeals for the Third Circuit, is superior to other tests for determining the admissibility of DNA fingerprinting because it accounts for the unique evidentiary problems presented by this type of technique. 127 notes