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NCJ Number: 118433 Find in a Library
Title: DNA (Deoxyribonucleic Acid) and Kelly-Frye: Who Will Survive in California?
Journal: Criminal Justice Journal  Volume:11  Issue:1  Dated:(Fall-Winter 1988)  Pages:1-87
Author(s): J L Brown
Date Published: 1988
Page Count: 87
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article reviews the Kelly-Frye test for admissibility of scientific evidence in an attempt to assess the likelihood of its replacement by a modified relevancy approach in California and explores the current potential for DNA (deoxyribonucleic acid)-typing technology to pass a strict "general-acceptance" admissibility standard should Kelly-Frye survive in California.
Abstract: Following a background explanation of the science and current techniques of DNA typing, this article reviews the current standard for admissibility of scientific evidence and the reasons given by the California attorney general for modifying that standard. The article concludes with a consideration of the ability of DNA-typing techniques to pass a conservative Kelly-Frye standard for admissibility. The autor concludes that based on the California constitutional mandate concerning victim's rights and the attorney general's appeal for modification of the Kelly-Frye standard, the continued use of the Kelly-Frye rule in California is doubtful. Decisions from other jurisdictions and a review of current scientific and legal literature suggests that DNA-typing identification evidence will be admitted by California courts, albeit after several extensive pretrial hearings concerning various reliability facets of the test procedures, irrespective of whether the current Kelly-Frye rule is liberalized by the California Supreme Court. 514 footnotes.
Main Term(s): DNA fingerprinting
Index Term(s): California; Expert witnesses; Rules of evidence
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