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Study in Scarlet: Criminal DNA Typing Reaches the Courts and Legislatures

NCJ Number
137120
Journal
Journal of Law and Politics Volume: 51 Issue: 4 Dated: (Summer 1990) Pages: 755-825
Author(s)
E G Burley
Date Published
1990
Length
71 pages
Annotation
The most recent developments in DNA typing for forensic investigations are addressed, and policy issues regarding the use of DNA identification are explored.
Abstract
The technology of DNA typing is explained together with the accuracy of claims and the controversies surrounding their computation. However, because the theory of DNA typing is based on the general concepts of DNA structure, information on DNA theory precedes the more specific applications for criminal investigations. Evidentiary standards for evaluating DNA results in the context of case law are then discussed together with the use of DNA evidence in both paternity and criminal cases. Some practical trial considerations are outlined as a guide for both prosecution and defense use of DNA evidence in the courtroom. In addition, the political policy issues of DNA fingerprinting are examined with a focus on privacy considerations, the effect on the criminal justice systems, and the role of legislatures. In the conclusion, political policy tensions in the cases are summarized, and monitoring and control devices are suggested to regulate the future growth of DNA technology. 3 figures and 351 notes