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Legal Standards and Significance of DNA Evidence
Gomulkiewicz, Richard Slade, Norman A.
Gomulkiewicz, Richard
Slade, Norman A.
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Abstract
Most human biologists are aware of controversies regarding
the use of DNA profiles in the courtroom. Much attention has been given
to estimating the probability of obtaining matches between DNA samples
from an innocent suspect and those from a crime scene, but considerably
less attention has been given to the critical issue of determining the probability
of guilt given a match. Using Bayes' rule and simple algebra, we
develop a measure of the strength of DNA evidence that indicates the
amount of incriminating evidence needed in combination with DNA
match evidence to meet a given conviction standard. Based on current
standards and practices, we use this measure to demonstrate that (1) the
amount of non-DNA evidence needed to convict, given a DNA match,
generally is quite small, even if errors can occur in the processing of
DNA evidence: (2) DNA match evidence alone is insufficient to convict,
even for the lowest recognized conviction standards; (3) failure to match
DNA evidence samples should be exculpatory unless laboratory proficiency
is poor; and (4) if errors in handling evidentiary samples occur
(even rarely) that tend to produce a false DNA match, then the legal
significance of DNA evidence is remarkably insensitive to estimates of
chance match probability.
Description
This is the publisher's version. It is also available electronically from: http://www2.lib.ku.edu:2048/login?url=http://proquest.umi.com/pqdweb?did=14389935&sid=1&Fmt=4&clientId=42567&RQT=309&VName=PQD
Date
1997-10
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Wayne State University Press
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Keywords
BAYES' RULE, DNA PROFILE, CONVICTION STANDARD, HANDLING ERROR
Citation
Gomulkiewicz, R., and N. A. Slade. 1997. Legal standards and the significance of DNA evidence. Human Biology 69:675-688.