There is more there than the prosecution is telling you.
The defense will argue that although the state's DNA analyst has told the jury there is a match in the DNA from the crime scene to defendant's DNA, this is only the DNA analyst's interpretation, and there are reasons to question that interpretation. For example, the DNA analyst's interpretation of stutters or artifacts as actual genetic information is, in reality, evidence of a mixture which the state's DNA analyst is overlooking. The defense case rests on the premise that the evidence, as described by the state's DNA analyst, is misleading whereas in reality, the DNA evidence shows something quite different than the prosecution is leading the jury to believe.
Additionally, the defense may argue:
- The database used to derive the match is flawed because the collection criteria and/or design were improper.
- The size of the database from which the match was calculated was too small.
- The relevant population substructure was not represented in the database.
- The statistical method used to interpret the typing results is flawed because error rates are not included in the calculations.
The prosecutor should redirect the DNA analyst as to whether or not there are ANY indicia of another DNA profile in the electropherograms – then ask whether there are any stutters or artifacts present which might suggest a mixture and why this interpretation is in error.
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