NCJ Number
123315
Journal
California Law Review Volume: 77 Issue: 3 Dated: (May 1989) Pages: 665-703
Date Published
1989
Length
39 pages
Annotation
This comment argues that the current lax application of the admissibility standards for DNA printing is unacceptable and recommends that legislatures oversee the adoption of standards for DNA printing in criminal cases.
Abstract
After describing the DNA printing technique, the comment identifies potential flaws in the DNA print technology and the significantly high error rates of the crime laboratories that eventually will perform DNA printing. These weaknesses in DNA print technology and laboratory processing hold the potential for being instrumental in the conviction of innocent persons. The comment suggests that DNA print technology raises several unique fairness and privacy concerns that militate against rash acceptance of the techniques. The comment reasons that courts do not address these concerns effectively when applying the traditional admissibility standards. Additionally, the admissibility standards, as applied in actual cases, have resulted in the premature admission of evidence in the past, and the problem is still unsolved. The comment advocates a comprehensive legislative approach at the State level to address the DNA adoption effort, preferably through uniform action. 184 footnotes.