NCJ Number
134078
Journal
Pepperdine Law Review Volume: 18 Issue: 1 Dated: (1990) Pages: 123-161
Date Published
1990
Length
39 pages
Annotation
This legal commentary assess the status of DNA testing focusing particularly on legal questions stemming from the technique's strengths and limitations when put to forensic applications and analyzes the admissibility of DNA evidence in court.
Abstract
Using minute traces of genetic material, DNA testing attempts to identify criminals by matching the suspect's DNA with samples acquired at the crime scene. Polymorphic DNA segments can be detected and analyzed in two ways: restriction fragment length polymorphism analysis and allele specific probe analysis. Before admitting novel scientific evidence, the court must screen the underlying technique to ensure the reliability of its results. The legal admissibility of DNA evidence can be determined only after deciding what legal standard should govern. While most jurisdictions use the Frye test, several employ the more liberal standard contained in the Federal Rules of Evidence. Only four criminal cases involving the admissibility of DNA evidence have reached the State appellate level. In addition to challenging the reliability of DNA evidence, criminal defendants are likely to challenge the constitutionality of the DNA identification process. While DNA testing may be fully suited to scientific research, it has not proven to be reliable in forensic situations. 283 footnotes