NCJ Number
131923
Journal
Jurimetrics Journal of Law, Science and Technology Volume: 31 Issue: 1 Dated: (Fall 1990) Pages: 53-85
Date Published
1990
Length
33 pages
Annotation
Although DNA identification testing was initially praised by courts and commentators, it has recently been the subject of serious criticism.
Abstract
The criticism largely centers around real or perceived shortcomings of the technology through which DNA identification tests are implemented. Problems that arise in these tests stem from the nature of science, the nature of courts, and the misunderstandings on the part of practitioners. Advances in DNA identification to mitigate such problems include the use of two-dimensional gel electrophoresis and more sophisticated employment of the polymerase chain reaction. The article looks at DNA testing in less extreme terms than critics of the procedure by placing the courtroom use of DNA tests in its proper context as a problem in law, science, and technology. Consideration is given to technical aspects of DNA testing and to applicable legal issues. It is argued that technical advances alone will not be sufficient to resolve the controversy surrounding courtroom use of DNA tests. Rather, the author suggests that difficulties associated with DNA identification are common to the introduction of any scientific evidence in courts and that controversy will persist until methods are implemented to enable courts to deal effectively with complex matters of science. The author concludes that the discussion of DNA testing represents an excellent opportunity to begin resolving problems common to the judicial consideration of science and technology generally. 120 footnotes (Author abstract modified)