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DNA - A Prosecutor’s Practice Notebook Inventory

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Photo of newspaper quotes that represent examples of controversial issues that may impact DNA evidence submitted in a courtroom
National Institute of Justice (NIJ) (see reuse policy).

If a prosecutor suspects a controversial issue is associated with a potential lab, witness, or victim, the prosecutor should proactively put this on the record outside the jury's presence to prevent them from being sidetracked by the issue.

Additionally, in order to protect the record for appeal purposes, if the defense has consulted with a DNA expert witness, this should be put on the record in anticipation of post-conviction or ineffective assistance challenges later.

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