DNA Testing in Criminal Cases: A Defense Perspective (From Forensic DNA Technology, P 180-199, 1991, Mark A. Farley and James J. Harrington, eds. - See NCJ-137508)

• NCJ Number: 137510
• Author(s): A D Hymer
• Date Published: 1991
• Length: 20 pages
• Sale Source: Lewis Publishers, Inc
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

While some of the legal and scientific issues related to DNA fingerprinting have been resolved, there remain several uncharted areas of inquiry involving this new technology.

Abstract

In many cases, particularly those involving a rape or homicide, the prosecutor will be eager to introduce DNA test results. Under other circumstances, however, the defense attorney will seek to introduce DNA evidence in order to exclude the defendant as the sample donor. If the sample matches the defendant, the defense attorney would seek to keep the evidence out of the trial and to prevent the prosecution from acquiring discovery of the test result. In some cases, one or the other side may try to have the remainder of the evidentiary sample retested by an independent expert. Two issues affecting the introduction of DNA test results are whether the evidence passes the Frye test of admissibility and the extent to which the defense will be granted discovery of any DNA test results obtained by the prosecution. Because of unsettled questions regarding the validity of test results and the objectivity of crime laboratories, this author believes that it will be a slow process, in which both prosecution and defense will offer and oppose DNA evidence, until there is a standard for admissibility of this type of evidence. 45 notes