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DNA - A Prosecutor’s Practice Notebook Inventory

Additional Concessions

The prosecutor should obtain additional concessions from the defense expert regarding the laboratory where the typing was conducted, certain typing results, and the lab's credentials. Labs accredited by the ASCLD or those that participate in the FBI's CODIS utilize a system of peer review for typing results. Have the defense expert acknowledge the value of such a system of double checking typing results and thus concede the process of DNA analysis used by the lab.

If the prosecutor obtains these concessions, often the only area of disagreement between the experts will be the typing results at one or two loci. The prosecutor should obtain the expert's concession that he agrees with the interpretation at the other 10 or 11 loci and sees nothing which would exclude the defendant as a possible contributor of the DNA.

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