Challenges in Explaining DNA Evidence to Jurors: A Defense Attorney’s Point of View. The Science of DNA Profiling: A National Expert Forum Dayton, OH August 14, 2005 Edward J. Ungvarsky, Special Counsel (202) 824-2301, [email protected]
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The Science of DNA Profiling: A National Expert Forum
Dayton, OH August 14, 2005
Edward J. Ungvarsky, Special Counsel
(202) 824-2301, [email protected]
Public Defender Service for the District of Columbia
What do we know about what Attorney’s Point of View
jurors think of DNA Evidence?
Pretrial: Evaluating DNA Evidence with Jurors’ Perspectives in Mind
John M. Butler, Forensic DNA Typing: Biology, Technology, and Genetics of STR Markers (2d ed. 2005)
Dr. Butler is a scientist at NIST. His treatise is THE forensic DNA book to own and to present before a forensic scientist in court. The second edition is over 600 pages.
Why you need the raw data:
Malfeasance Perspectives in Mind
Deliberate contamination with client’s profile in testing process
Contamination Perspectives in Mind
Contaminated Positive Control
Masked contributors (misinterpretation of mixtures)
Miscalled alleles (interpretation, not science): stutter
Alleles found: 1.1, 2, 4, 4.1
One rapist: (2, 4)
Other rapist must be: (1.1, 4.1)
Sutton: (1.1, 2)
Coincidental Matches Perspectives in Mind
Presentation of the DNA Evidence at Trial Perspectives in Mind
with Jurors’ Perspectives in Mind
Do not spar!
Don’t try to out-expert the expert; you’re an intelligent, well-informed layperson, not scientist, and jurors know that
~ 12 %