NCJ Number
152649
Journal
San Diego Justice Journal Volume: 2 Issue: 1 Dated: (Winter 1994) Pages: 239-262
Date Published
1994
Length
24 pages
Annotation
Since 1991, there has been a handful of California appellate decisions addressing the admissibility of DNA-match evidence in criminal trials.
Abstract
One court has admitted DNA evidence, two have held it inadmissible, and one has remanded the question to the trial court for another evidentiary hearing. Without guidance from the State Supreme Court, trial court evidentiary rulings in California are often in conflict, with some trial courts admitting DNA evidence and others refusing to do so. Federal courts and at least 20 other States admit DNA evidence, when there is a proper foundation showing that the analyzing laboratory complied with accepted guidelines and standards. This article discusses the scientific principles underlying DNA fingerprinting and outlines California appellate cases addressing DNA evidence. While specific techniques of DNA fingerprinting are generally accepted by the scientific community and can pass the procedural requirements of Kelly-Frye, the statistical calculations associated with DNA analysis have not yet passed muster. It is likely that future California appellate courts will exclude DNA evidence from admissibility until different views on the statistical significance of DNA match can be reconciled among experts. 203 notes