the method is accepted for scientific applications and whether it has been validated for forensic identification. Minor changes in protocols will typically not require pretrial hearings, unless they are likely to affect key issues (such as the matching rule).

SUGGESTIONS FOR USE OF DNA EVIDENCE

Whatever statute or rule of evidence is applicable, some standards for admissibility seem sound to the committee. In view of the importance of DNA typing in both civil and criminal cases, the judge should determine, before allowing DNA evidence to be introduced, that appropriate standards have been followed, that tests were adequately performed by a reliable laboratory, and that the appropriate protocols for DNA typing and formulation of an opinion were fully complied with. In states without relevant statutes, the committee recommends that the court judicially notice the appropriateness of the theoretical basis of DNA typing by using this report, similar reports, and case law. As new methods are used, the courts will have to assure themselves of their validity.

The problem that a court will have to focus on when a standard testing approach is used is not general scientific theory, but actual application. In limine hearings can be shortened considerably by stipulations, exchange of data by the parties, and pretrial hearings to avoid unnecessary delay in trials. In the absence of specific objections to laboratory procedures, a court may rely on evidence of accreditation and certifications, a history of adequacy of testing by the laboratory, and other assurances of careful practice. It is not necessary, at this stage of development of DNA typing, to hold extensive admissibility hearings on the general validity of the scientific techniques, although cases will still arise in which the procedures used to report a match will be questioned.

It also might be necessary in a particular case to decide in advance whether an expert will be permitted to characterize the probability of a match in mathematical terms. As noted in Chapter 3, the use of the product rule (which assumes the independence of the frequency distribution of the single-locus probes and is the method by which the likelihood statement is generated) is controversial. At present, courts should take a conservative approach concerning the assumptions underlying the use of the product rule. A considerable degree of discretion and control by the courts in these cases is recommended.

As a general matter, so long as the safeguards we discuss in this report are followed, admissibility of DNA typing should be encouraged. There is no substantial dispute about the underlying scientific principles. However, the adequacy of laboratory procedures and of the competence of the experts



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