U.S. flag

An official website of the United States government, Department of Justice.

DNA - A Prosecutor’s Practice Notebook Inventory

Hearing Opposition

Home  |  Glossary  |  Resources  |  Help  |  Contact Us  |  Course Map

Photo of a prosecutor lawyer speaking in a front of a judge in court
National Institute of Justice (NIJ) (see reuse policy).

To effectively oppose a hearing, the prosecutor must have a grasp of DNA history and an understanding of the particular DNA typing method applied in the instant case. If the prosecutor elects to oppose the admissibility hearing because the typing used is neither new nor novel (Frye), nor unreliable (Daubert), then obtaining an affidavit from the analyst is essential to refute the defense's contention that an admissibility hearing is necessary. The affidavit should be accompanied by a brief in opposition to the hearing, citing appropriate legal authority and specific scientific articles in support of the prosecutor's request.

Back Forward