Nonhuman DNA Evidence

15 Pages Posted: 15 Dec 2015

See all articles by George Sensabaugh

George Sensabaugh

University of California, Berkeley - School of Public Health

David H. Kaye

PSU - Penn State Law (University Park); ASU - College of Law & School of Life Sciences

Date Written: 1998

Abstract

After a decade of use, the novelty of DNA evidence has worn off. Nonetheless, new methods of DNA analysis are being introduced, new loci within the human genome are being employed, and DNA samples from other organisms are being tested. When evidence made possible by these advances is presented in courts, judges must decide whether the newer procedures are scientifically sound or generally accepted in the scientific community. Focusing on nonhuman DNA evidence, this Article identifies and describes factors that courts should examine in passing on the admissibility of novel DNA evidence. The framework that we construct is neither rigid nor self-applying. Some understanding of and appreciation for the nature, structure, and process of scientific reasoning in general and of the special characteristics of forensic science in particular are necessary to evaluate the scientific quality of the evidence.

Keywords: DNA evidence, admissibility, validity, reliability

Suggested Citation

Sensabaugh, George and Kaye, David H., Nonhuman DNA Evidence (1998). Jurimetrics Journal, Vol. 39, pp. 1-16, 1998, Available at SSRN: https://ssrn.com/abstract=2703073

George Sensabaugh

University of California, Berkeley - School of Public Health ( email )

50 University Hall #7360
Berkeley, CA 94720-7360
United States

David H. Kaye (Contact Author)

PSU - Penn State Law (University Park)

Lewis Katz Building
University Park, PA 16802
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

ASU - College of Law & School of Life Sciences ( email )

111 E Taylor St.
Phoenix, AZ 85004
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

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