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LTDNA Evidence on Trial.

Paul Roberts1

  • 1School of Law, University of NottinghamNottingham, UK; Collaborative Innovation Center of Judicial Civilization, Institute of Evidence Law and Forensic Science, China University of Political Science and LawBeijing, China; Faculty of Law, University of New South WalesSydney, NSW, Australia.

Frontiers in Genetics
|November 10, 2016
PubMed
Summary
This summary is machine-generated.

This article examines the use of low-template DNA (LTDNA) profiles as evidence in criminal trials. It proposes a model for expert evidence and analyzes UK court approaches to LTDNA, offering insights for international legal systems.

Keywords:
LTDNA profiling evidenceLaw-Sciencecomparative criminal procedurecriminal adjudicationexpert evidenceinterdisciplinarity

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Area of Science:

  • Forensic Science
  • Legal Studies
  • Epistemology

Background:

  • Expert testimony in criminal proceedings requires careful evaluation of its epistemic status and probative value.
  • Low-template DNA (LTDNA) profiling presents unique challenges for admissibility and interpretation in legal contexts.
  • Judicial approaches to complex scientific evidence vary across jurisdictions, necessitating comparative analysis.

Purpose of the Study:

  • To analyze the epistemic warrant of expert evidence in criminal adjudication.
  • To examine UK courts' handling of LTDNA evidence and its implications.
  • To foster interdisciplinary dialogue on scientific evidence in legal settings.

Main Methods:

  • Interpretative/hermeneutical legal scholarship.
  • Theoretical model development for expert evidence (competence, domain, validity, materiality, admissibility).
  • Analysis of UK (England and Northern Ireland) appellate court rulings on LTDNA evidence.

Main Results:

  • A five-criterion model for assessing expert evidence is proposed, applicable across jurisdictions.
  • UK courts exhibit a discernible judicial logic in addressing LTDNA evidence challenges.
  • Effective presentation of LTDNA profiling results to fact-finders is crucial for legal argument and policy debates.

Conclusions:

  • A robust theoretical framework is essential for evaluating expert scientific evidence.
  • Understanding judicial logic in LTDNA cases can inform international legal practices.
  • The admissibility and probative value of LTDNA evidence depend on scientific validity, integrity, and clear communication.