Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

1992

ISSN

0028-4793

Publisher

Massachusetts Medical Society

Language

en-US

Abstract

DNA typing, sometimes called DNA fingerprinting or profiling, has been the focus of heated exchanges in courtrooms, the popular press, and scientific journals. It is a powerful law-enforcement weapon, especially in cases of rape, because it has the potential to exonerate a suspect or to place him at the scene of a crime. On the other hand, it is of no use in rape cases like those in which William Kennedy Smith and Mike Tyson were accused, in which coitus is conceded to have occurred and the only real issue is consent. When should judges permit evidence from DNA typing to go to the jury, and what part should the medical and scientific literature play in this decision? Two U.S. circuit courts of appeal have now ruled on standards of admissibility for the results of DNA typing. In early 1992, the Second Circuit Court of Appeals set a low threshold for admissibility, refusing to follow the stricter test adopted in 1990 by the Eighth Circuit Court of Appeals, the only other federal appeals court to rule on this subject.

Comments

From The New England Journal of Medicine, George J. Annas, Setting Standards for the Use of DNA-Typing Results in the Courtroom - The State of the Art, Volume 326, Page 1641 Copyright ©(1992) Massachusetts Medical Society. Reprinted with permission.

Link to Publisher Site (BU Community Subscription)

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.