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DNA - A Prosecutor’s Practice Notebook Inventory

Admissibility Hearing

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National Institute of Justice (NIJ) (see reuse policy).

If an admissibility hearing is requested regarding one of the commercial STR kits in general use, prosecutors should look to the successes of their colleagues for guidance [Utah v. Butterfield, 27 P.3d 1133; 2001 UT 59; 425 Utah Adv. Rep. 8 (Utah 2001); Colorado v. Shreck, 22 P.3d 68; 2001 Colo. J. C.A.R. 1995 (Colo. 2001)]. Experts are available from a wide range of scientific fields that use these STR kits daily (e.g., histocompatibility/ immunogenetics in bone marrow transplants, and post-conviction exonerations). It can be clearly shown that these kits have general acceptance throughout the scientific community (Frye). Likewise, it is clear that such kits are scientifically valid and reliable and serve as the basis for life and death decisions outside of the use of forensic sciences (Daubert). 

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