DNA Evidence: Brave New World, Same Old Problems

The backbone of investigative forensics in the 21st Century is the database. And of all information gathering techniques, genetic databanking has become the holy grail of prosecutions and the last resort for exonerations. It is both the cause of and solution to many problems in the administration of justice. Thus, DNA forensics highlights the longstanding tension between scientific understanding and legal reasoning.

While DNA's scientific reputation is very near to magic, its forensic applications are subject to the faults and limitations of every kind of evidence offered as proof in a court of law.

This article collects research on the law and science of genetic evidence at the pre-conviction stage. Thus, it focuses on the role of DNA in identification, investigation and prosecution of crime, social and privacy issues, and to some degree exculpation or evidence of third party culpability.

BOOKS

Advanced Topics in Forensic DNA Typing (Elsevier 2012) (vol. 2) "Since the second edition of Forensic DNA Typing was written in 2004, a great deal has happened in the field of forensic DNA analysis. Hence, the need to update the information contained in the book in as comprehensive a manner as possible. In forensic science review articles published in 2005, 2007, and 2009 in the journal Analytical Chemistry, I [John M. Butler] briefly described topics from hundreds of articles published during the time frame of 20032008. In my own laboratory at the National Institute of Standards and Technology (NIST), we have published over 75 articles since 2004 on a variety of subjects including miniSTRs, Y-STRs, mtDNA, SNPs, validation, and DNA quantitation (see http://www.cstl.nist.gov/biotech/strbase/NISTpub.htm)."

Double Helix and the Law of Evidence (Harv. U. Press 2010) "In a history both scientifically sophisticated and comprehensible to the nonspecialist, David H. Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies."

Forensic DNA Evidence Interpretation (CRC Press 2004) "Forensic DNA Evidence Interpretation is the most comprehensive resource for DNA casework available today. Written by leaders in the fields of biology and statistics, the book emphasizes the interpretation of test results and provides the necessary formulae in an easily accessible manner.

The book begins by reviewing all pertinent biology, and then provides information on every aspect of DNA analysis, including modern interpretation methods and issues, and contemporary population genetic models available for estimating DNA frequencies or likelihood ratios. Following a chapter on procedures for validating databases, the text presents overviews and performance assessments of both modern sampling uncertainty methods and current paternity testing techniques. Later chapters discuss the latest methods for mixture analysis, LCN (ultra trace) analysis, and non-autosomal (mito, X, and Y) DNA analysis. The text concludes with procedures for disaster victim identification and information on DNA intelligence databases. Supported by numerous tables and over 800 references, this authoritative book provides a link among the biological, forensic, and interpretative domains of the DNA profiling field. It is a valuable resource that allows forensic scientists and technicians, molecular biologists, and attorneys to use forensic DNA evidence to its greatest potential."

Fundamentals of Forensic DNA Typing (Elsevier 2010) (vol. 1) "This book will examine the science of current forensic DNA typing methods by focusing on the biology, technology, and genetic interpretation of short tandem repeat (STR) markers, which encompass the most common forensic DNA analysis methods used today. The materials in this book are intended primarily for two audiences: (1) students learning about forensic DNA analysis in an academic environment and (2) forensic science professionals and members of the law enforcement and legal communities who want to gain a better understanding of the fundamentals behind STR typing. Further information on each of the subjects presented here is available in the second volume, Advanced Topics in Forensic DNA Typing, 3rd Edition."

Genetic Justice: DNA Data Banks, Criminal Investigations, and Civil Liberties (Colum. U. Press 2010) "Two leading authors on medical ethics, science policy, and civil liberties take a hard look at how the United States has balanced the use of DNA technology, particularly the use of DNA databanks in criminal justice, with the privacy rights of its citizenry. [Sheldon] Krimsky and [Tania] Simoncelli analyze the constitutional, ethical, and sociopolitical implications of expanded DNA collection in the United States and compare these findings to trends in the United Kingdom, Japan, Australia, Germany, and Italy. They explore many controversial topics, including the legal precedent for taking DNA from juveniles, the search for possible family members of suspects in DNA databases, the launch of "DNA dragnets" among local populations, and the warrantless acquisition by police of so-called abandoned DNA in the search for suspects. Most intriguing, Krimsky and Simoncelli explode the myth that DNA profiling is infallible, which has profound implications for criminal justice."

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DNA Evidence: Brave New World, Same Old Problems