NCJ Number
127663
Date Published
1990
Length
10 pages
Annotation
When considering evidence based on DNA profiling, judges must determine whether the evidence is relevant and admissible and, in cases where there is no jury, what weight should be attached to it.
Abstract
The rules of evidence point to the admission of DNA profiling as expert testimony, relating to the identity of the offender. However, at least in Australia, certain judicial discretions may come into play to exclude otherwise relevant and admissible evidence. Statutory provisions in Australia which may impinge on DNA profiling are those relating to the taking of bodily samples. Some of the judicial procedures used in the United States with regard to DNA profiling contrast with the Australian experience. In the United States, the courts have generally held that, to be admissible, evidence such as DNA fingerprinting must be given by a qualified expert and must be produced through techniques widely accepted by the scientific community. An Australian court would probably approach the problem differently, determining whether the witness qualified as an expert and whether the relevant expertise related to a matter beyond ordinary human experience. 1 reference