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Use of DNA Typing in Criminal Prosecutions: A Flawless Partnership of Law and Science?

NCJ Number
133369
Journal
New York Law School Law Review Volume: 34 Issue: 9 Dated: (1989) Pages: 485-530
Author(s)
J J Barr
Date Published
1989
Length
45 pages
Annotation
Because DNA fingerprinting has tremendous potential in criminal investigations and prosecutions, there have been concerns expressed regarding its accuracy and validity; the questions raised do not focus on the underlying theory or the actual procedure, but rather on the methods of analyzing the factual data derived from the process as applied to a particular suspect. The legal and practical implications of DNA typing depend upon the validity, scope, and accuracy of the technique.
Abstract
Three types of DNA typing techniques are detailed. These include DNA fingerprinting and the DNA-Print Identification test which are both classified as restriction fragment length polymorphism (RFLP) comparison procedures and the Polymerase Chain Reaction (PCR) which is classified as an allele-specific probe comparison procedure. A particularly controversial area in terms of novel scientific evidence is the standard by which the courts admit that evidence. The Frye standard and the relevancy approach are discussed with reference to DNA fingerprinting. Of course, constitutional questions have been raised over DNA fingerprinting that concern the defendant's privacy interests, right against self-incrimination, and right to expert witnesses and independent testing. 242 notes