NCJ Number
153672
Journal
Memphis State University Law Review Volume: 22 Issue: 2 Dated: (Winter 1992) Pages: 319-337
Date Published
1992
Length
19 pages
Annotation
This article discusses the process, applicability, admissibility, and constitutional issues associated with DNA fingerprinting evidence in criminal trials.
Abstract
DNA fingerprinting techniques are now nearly 100 percent reliable, although different types of testing procedures may produce slightly different results. By establishing one standardized procedure, law enforcement agencies can ensure the reliability and accuracy of their results. National standards should be created to address laboratory procedures and protocols, laboratory personnel training, and the gathering and handling of samples from which analysis is made. To ensure complete fairness, courts should adopt a uniform standard for the admission of DNA- related evidence. To date, the courts have adopted a multifactor approach that falls between the general acceptance test and the reasonably relied upon test of admissibility. Finally, courts must adhere to the warrant and probable cause requirements of the Fourth Amendment when deciding if the extraction of DNA from a suspect's biological sample was reasonable. 177 notes