American forensic DNA practitioners' opinion on activity level evaluative reporting

The technical advancements made in DNA profiling now allow for very low DNA amounts to be analyzed. Accordingly, the argument often made in criminal courts is not who the DNA belongs to but rather how it was deposited. Despite the complexity of the relevant DNA transfer, persistence, prevalence, and recovery issues, forensic laboratories in some European countries have used evaluative reports with activity level propositions, while this is not current practice in the United States. The purpose of this study was to gain an overview of the opinions about activity level reporting (ALR) held by forensic biologists in the United States. A seventeen-question survey was distributed to members of the American Society of Crime Laboratory Directors and U.S. members of the International Society for Forensic Genetics. The survey included multiple-choice and open-response questions and received 54 responses. The majority of responses expressed moderate support of ALR. Participants mentioned six major concerns to be addressed prior to implementing ALR in the United States: (1) effect of number of variables involved; (2) need of education for practitioners/legal system; (3) inadequate number of activity studies with realistic scenarios; (4) difficulty of achieving admissibility in court; (5) need for standardized approaches/guidelines; and (6) requisite shift in perspective as to the validity of ALR. Overall, this small segment of U.S. forensic DNA practitioners appear to be willing to implement ALR once these concerns are fully addressed and resolved. As a follow-up, it would be worthwhile exploring these and other questions with a larger group and also other disciplines.