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can include original materials, data sheets, software protocols, and information about unpublished databanks" (NRC 1992, p 150, 148). The 1992 National Research Council (NRC) report stated that ''all data and laboratory records generated by analysis of DNA samples should be made freely available to all parties," and it explained that "all relevant information. We begin with the intertwined procedural issues that arise in connection with a defendant's request for discovery, retesting, or expert assistance.
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We also describe pretrial and trial procedures that might help courts to reach decisions on admissibility and to improve the quality and use of the scientific evidence at trial. We discuss those general principles and then consider their application to DNA evidence. Whether scientific evidence is admissible in criminal cases depends on whether the evidence tends to prove or disprove a fact that, under the applicable law, might matter to the outcome of the case whether the expert presenting the evidence is qualified whether the information is derived from scientifically acceptable procedures and whether the potential for unfair prejudice or time-consumption substantially outweighs the probative value of the information. Consequently, this chapter describes the implications of our conclusions about the state of scientific knowledge both for testimony about the extent to which DNA samples match and for testimony about the probabilities of such matches. 3 We take no sides in such legal debates, but we do emphasize that the two issuesthe scientific acceptability of the laboratory method for comparing samples and the idea that the characteristics studied in the laboratory are probative of identityare distinct.
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2 Jurists and legal scholars have debated whether DNA evidence warrants this special treatment. Whether many other forms of identification-evidence could survive comparable demands is doubtful. Uncontroversial, quantitative estimates of how rare the identifying characteristics are within particular groups and subgroups. Some courts have deemed it necessary for experts not only to demonstrate that DNA profiles usually vary from one person to another, but also to produceġUnless otherwise indicated, our observations apply to all the technologies for DNA analysis described in this report. Likewise, a scientific basis must exist for concluding that properly performed comparisons can distinguish possible sources.Īs to the latter issuethe ability to differentiate between sourcesthe courts have demanded a more convincing showing of the exact degree of individualization yielded by DNA tests than by any other commonly used forensic technique. If such evidence is to be useful in court, scientifically acceptable procedures must permit the reliable measurement and comparison of physical features. 1Īll forensic methods for individualizationfingerprints, dental impressions, striations on bullets, hair and fiber comparisons, voice spectrograms, neutron-activation analysis, blood-grouping and serum-protein and enzyme typing, as well as DNA profilingdemand an ability to match samples with reasonable accuracy with respect to characteristics that can help to differentiate one source from another. It describes the most important procedural and evidentiary rules that affect the use of forensic DNA evidence, identifies the questions of scientific fact that have been disputed in court, and reviews legal developments. This chapter discusses the legal implications of the committee's conclusions and recommendations.
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In the preceding chapters, we have tried to clarify the scientific issues involved in forensic DNA testing.