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Part I: Mitochondrial DNA Generally Accepted as Admissible Evidence

NCJ Number
188344
Journal
Crime Victims Report Volume: 5 Issue: 1 Dated: March/April 2001 Pages: 7-9
Author(s)
Roslyn Myers
Date Published
March 2001
Length
3 pages
Annotation
This article discusses the admissibility as evidence of mitochondrial DNA.
Abstract
The DNA that resides in the nucleus of a cell is called nuclear DNA. The DNA chromosome found outside the nucleus in the organelle is called the mitochondrion, or mitochondrial (mt)DNA. Mitochondrial DNA is more robust than nuclear DNA. Old bones, teeth, and even hair strands that have been exposed to the environment may still contain enough material to complete mtDNA typing whereas nuclear DNA typing would fail to give a result. The article reviewed cases that were instructive in not only the types of challenges presented and the bases for admissibility, but also in some of the rudiments of DNA testing. The New York Supreme Court, in permitting evidence of test results of mtDNA, ruled that testing principles and procedures must have gained general acceptance. The court must then determine whether the principle, test, or procedure was performed properly in the case at trial; and, if an adequate foundation for admissibility of the evidence has been established, the court may allow the evidence to be offered at trial. The article discusses proper application of procedures, standards for admissibility of mtDNA, and the heteroplasmy that may result from contamination of DNA sample.

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