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DNA Evidence and the Daubert Test

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This 4 page paper examines a case in which DNA evidence helped obtain a conviction, and discusses whether or not that evidence passes the Daubert test. Bibliography lists 3 sources

Page Count:

4 pages (~225 words per page)

File: D0_HVDaubrt.rtf

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is reliable. This paper examines a case in which DNA evidence helped obtain a conviction, and discusses whether or not that evidence passes the Daubert test. Discussion Doing numerous searches finally located a case in which forensic evidence played a part in obtaining a conviction. As reported in the Chicago Tribune, Lavelle Davis will be given a new trial after a Kane County (Illinois) judge found "a grave question of reliability about a lip print used to link him to the crime" (McRoberts and Possley, 2006). Davis was convicted of killing an Elgin, Illinois man in 1993, and forensic evidence played a large part in his conviction (McRoberts and Possley, 2006). Although Davis "never admitted to a role in the slaying ... prosecutors used a set of lip prints police found on a role of duct tape at the murder scene to convince the jury of his involvement" (McRoberts and Possley, 2006). The prosecution "centered its case on the lip print," which it insisted was its best evidence (McRoberts and Possley, 2006). The judge wrote, "Without the lip-print evidence there was no evidence linking the petitioner to this crime other than unreliable, and inconsistent witnesses" (McRoberts and Possley, 2006). In order to impress upon the jury the reliability of such evidence, "crime lab scientists from the Illinois State Police testified that lip prints are as unique to an individual as are fingerprints and can be identified in a similar fashion" (McRoberts and Possley, 2006). Recently however there have been an increasing number of people disputing the reliability of fingerprint evidence, which indicates that DNA / forensic science is not as infallible as believed (Newman, 2001). In this case, "Stephen Meagher, a latent-print expert with the FBI, recently told the court the FBI has never conducted any independent validation studies ...

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