Some jurisdictions allow or require reciprocal discovery in favor of the prosecution by the defense. Typically, independent defense testing is done ex parte. When the defense requests independent testing, reasonable efforts should be made to protect the integrity of the evidence sample(s). These efforts may include requiring the defense to use an accredited lab and that the result(s) be provided to the government in a timely manner.
The prosecutor may wish to file a reciprocal discovery motion to obtain the name of any defense expert witness or analyst the defense intends to use or call, the curriculum vitae of the witness, and any corresponding report generated by the expert witness, including all raw data.
Where appropriate, the prosecutor should put on the record that defense counsel's own expert witness has reviewed the DNA discovery material.
A record should be made of any sample material released to the defense, as well as the chain-of-custody for its testing. Any unused evidence sample should be returned to the prosecution lab for retesting where necessary.
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
- Communication Skills, Report Writing, and Courtroom Testimony
- Español for Law Enforcement
- Amplified DNA Product Separation for Forensic Analysts