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Because many complex technical, scientific, and statistical issues affect the use of DNA evidence, there will be cases in which defendants will contend that without comprehensive and detailed information, they are unable to prepare for trial adequately. The rules of discovery determine the circumstances under which a defendant can compel the production of such records.
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Such documentation would facilitate technical review of laboratory work, both within the laboratory and by outside experts. Certainly, there are no strictly scientific justifications for withholding information in the discovery process, and in Chapter 3 we discussed the importance of full, written documentation of all aspects of DNA laboratory operations.
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can include original materials, data sheets, software protocols, and information about unpublished databanks" (NRC 1992, p 150, 148).
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The 1992 National Research Council (NRC) report stated that ''all data and laboratory records generated by analysis of DNA samples should be made freely available to all parties," and it explained that "all relevant information. Consequently, this chapter describes the implications of our conclusions about the state of scientific knowledge both for testimony about the extent to which DNA samples match and for testimony about the probabilities of such matches. 3 We take no sides in such legal debates, but we do emphasize that the two issues-the scientific acceptability of the laboratory method for comparing samples and the idea that the characteristics studied in the laboratory are probative of identity-are distinct.
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2 Jurists and legal scholars have debated whether DNA evidence warrants this special treatment. Whether many other forms of identification-evidence could survive comparable demands is doubtful. Some courts have deemed it necessary for experts not only to demonstrate that DNA profiles usually vary from one person to another, but also to produce uncontroversial, quantitative estimates of how rare the identifying characteristics are within particular groups and subgroups. Likewise, a scientific basis must exist for concluding that properly performed comparisons can distinguish possible sources.Īs to the latter issue-the ability to differentiate between sources-the courts have demanded a more convincing showing of the exact degree of individualization yielded by DNA tests than by any other commonly used forensic technique. If such evidence is to be useful in court, scientifically acceptable procedures must permit the reliable measurement and comparison of physical features. 1Īll forensic methods for individualization-fingerprints, dental impressions, striations on bullets, hair and fiber comparisons, voice spectrograms, neutron-activation analysis, blood-grouping and serum-protein and enzyme typing, as well as DNA profiling-demand an ability to match samples with reasonable accuracy with respect to characteristics that can help to differentiate one source from another. It describes the most important procedural and evidentiary rules that affect the use of forensic DNA evidence, identifies the questions of scientific fact that have been disputed in court, and reviews legal developments. This chapter discusses the legal implications of the committee's conclusions and recommendations. In the preceding chapters, we have tried to clarify the scientific issues involved in forensic DNA testing.