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9780471414780

DNA : Forensic and Legal Applications

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  • ISBN13:

    9780471414780

  • ISBN10:

    0471414786

  • Format: Hardcover
  • Copyright: 2004-10-01
  • Publisher: Wiley-Interscience

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Summary

With material from both scientific and legal areas, DNA: Forensic and Legal Applications covers the latest advances in technology. It provides an ideal text for forensic scientists and students of forensic science, analytical chemists, lawyers, judges, police officers, and detectives.

Author Biography

LAWRENCE KOBILINSKY is currently the Associate Provost and a Professor of Biology and Immunology at John Jay College of Criminal Justice. An internationally renowned forensic scientist, he is a Fellow of the American Academy of Forensic Sciences as well as the New York Microscopical Society, and has published extensively in the areas of identification and individualization using protein genetic markers and DNA analysis. <BR> THOMAS F. LIOTTI has represented clients in high-profile cases involving DNA. He is a Village Justice in Westbury, New York, and is currently a partner at the law offices of Thomas F. Liotti, located in Garden City, New York. He is a past president of the New York State Association of Criminal Defense Lawyers and Fellow in the American Board of Criminal Lawyers. <BR> JAMEL OESER-SWEAT is a member of both the New York and New Jersey bars and has been admitted to practice before the Patent and Trademark Office. A former Westinghouse scholar, he has published several abstracts and articles in the field of microbiology, and has been a guest lecturer at several universities and conferences.

Table of Contents

Foreword by James Watson and Jan Witkowski.
Preface.
Chapter 1.
Section 1.
Evolution of Identification: From Faces to Fingerprints to DNA.
Section 2.
1) DNA and Heredity.
A. A Look At DNA From The Outside In.
B. DNA - The Chemistry.
C. Unique Sequence and Repetitious DNA.
Section 3.
DNA Replication.
Cloning.
Chapter 2
Section 1.
I. Crime Scene Investigation - Biological Evidence.
A. Help the Victim.
B. Protect the Scene.
C. Document the Scene.
D. Search the Scene.
E. Schematic Drawing Showing Location and Photography of Items of Evidence.
F. Packaging and Preserving.
G. Transport to Laboratory.
H. Sexual Assault Evidence.
I. Evidence Handling in the Laboratory.
J. Report Writing.
Section 2.
I. Serology.
A. Blood.
B. Semen.
C. Saliva.
D. Urine.
E. Hair.
II. Chain of Custody.
Chapter 3
Section 1.
1. Associative E vidence and Polymorphism.
Section 2.
DNA Testing.
I. Restriction Fragment Length Polymorphism (RFLP).
A. Isolation of DNA.
a. Organic Extraction of Liquid Whole Blood.
b. Inorganic Methods.
c. Use of FTA Card.
d. Use of Magnetic Resin.
B. Quantification.
C. Restriction Enzymes: DNA Scissors.
D. Gel Electrophoresis.
E. Southern Blotting.
F. Hybridization.
G. Autoradiography and Visualization of DNA Banding Pattern.
H. Analysis of RFLP Results.
I. Probe Stripping from Membrane.
J. Match Criteria.
K. Statistics and the Product Rule.
A Closer Look At Electrophoresis.
Section 3.
I. Polymerase Chain Reaction (PCR).
A. Development and Theory.
B. Isolation of DNA.
C. Quantification.
D. Techniques.
1. Typing of HLA-DQA1 and AmpliType(r) PM.
2. Analysis of AMPFLPs.
3. Statistics and Population Genetics.
4. Allelic Ladders.
5. PCR - Short Tandem Repeat Analysis.
a. Short Tandem Repeat DNA.
b. Interpretation of STR Results.
i) PLUS A (+A) (Adenylation).
ii) Stutter Peaks.
iii) Pull-up Peaks.
iv) Peaks Below Threshold.
v) Shoulders on Peaks.
vi) Off-Ladder Alleles.
vii) Mixed Samples.131
viii) Sequence Variants.
ix) Low Copy Number DNA.
Section 4.
A. Analysis of Y-chromosome STRs.
1. Y Chromosome Single Nucleotide Polymorphism Analysis.
B. Analysis of Mitochondrial DNA.
i) The Mitochondrial Genome.
ii) Quantification.
iii) Sequencing.
iv) Interpretation of Sequence Data.
v) Heteroplasmy.
vi) Statistics.
vii) SNP Analysis of Mitochondrial DNA.
Section 5.
A. Problems with PCR.
1. Contamination.
2. Degradation.
3. Sunlight.
4. Inhibitors.
5. Allelic Dropout - Null Alleles.
6. Human Error.
Section 6.
A. Underlying Facts and Assumptions in Forensic DNA Testing.
Chapter 4.
Section 1.
A. Human Genetics, Population Genetics, and Statistics.
1. The Power of Forensic DNA Analysis: How Significant is the match?
2. Genetics and Statistics.
3. Mendel's Laws of Genetics.
4. Meiosis.
B. Population Genetics.
1. Hardy Weinberg Equilibrium.
2. Subpopulations and Substructure.
Section 2.
A. The Need for Quality Control and Quality Assurance.
B. SWGDAM (TWGDAM) - Standards.
C. DNA Advisory Board.
Section 3.
A. Mitochondrial DNA and Y Chromosome STR analysis and Statistical calculations.
B. Experimental Controls.
C. Validation of New DNA Methods.
D. Single Nucleotide Polymorphism Analysis.
Section 4.
A. Database Size and Composition.
B. DNA Databases.
Section 5.
A. Power of Discrimination.
B. Mixtures and Statistics.
C. Probability of Exclusion.
D. The Likelihood Ratio (LR).
Section 6.
A. Paternity Determinations.
Section 7.
A. Lab Accreditation, Certification, Reputation, Facilities.
1. Quality Control.
2. Quality Assurance.
3. Proficiency Testing.
4. Certification.
5. Laboratory Accreditation.
Section 8.
A. Reviewing A DNA Report - An RFLP Analysis.
B. Reviewing a DNA Report - A PCR-Based DNA Analysis.
C. Reviewing a DNA Report - A PCR-STR-Based DNA Analysis.
D. Reviewing a Paternity Report based on DNA Analysis.
Legal Sections.
Chapter 5.
Section 1.
A. Legal Theory.
1. Admissibility of Scientific Evidence: A Primer.
2. Common Laws and the Creation of Judicial Gatekeeping Function.
3. The Federal Rules of Evidence and the Expansion of the Judicial Gatekeeping Function.
4. Daubert: The Supreme Court Sets Forth a Standard.
5. General Electric Co. et al. v. Joiner et ux.
6. Kumho Tire: The Court Continues its Expansion of the Judicial Gatekeeping Function.
7. The Judicial Gatekeeping Function and Its Evolution in New York State.
Section 2.
A. Admissibility of DNA Evidence.
1. PCR/STRs based DNA Evidence.
2. Mitochondrial DNA.
3. Animal DNA.
4. Plant and Viral DNA.
5. Statistics.
6. Paternity.
B. Legal Practice.
1. Different Stages of Trial.
a) Arraignment.
b) Grand Jury.
c) Discovery.
d)Preparation for Trial - A Lawyer's Guide.
e) Jury Selection and Voir Dire.
f) Opening Statements.
g) Direct Examination.
h) Cross Examination.
i) The Art of Objecting.
j) Closing Arguments.
Chapter 6
Section 1.
A. Attacking and Defending DNA Evidence.
1. Theory of the Case - Plan of Attack.
2. What is Required for DNA Test Results to be Admitted into Evidence?
Section 2.
A. DNA for the Prosecutor or those who seek to admit DNA Evidence.
1. Effective Admission of DNA Evidence Takes Place In Three Stages.
a. Admission of DNA Test Results
b. Admission of Statistics which Govern DNA Results.
c. Admission of An Explanation of the DNA Results.
Stage 1 - Admission of DNA Test Results.
i) Use of an Expert Witness.
ii) Selection and Preparation of Expert Witness.
iii) Introducing the Expert.
iv) Introducing the Expert's Credentials.
v) Qualifying Witness As Expert in DNA Evidence.
vi) Qualifying Witness As Expert in DNA.
vii) Using the Expert to Describe DNA Evidence Techniques.
Stage 2 - Admission of Statistics Which Govern DNA Results.
i) Introducing Statistics and Meaning.
Stage 3 - Admission of An Explanation of DNA Results.
i) Introduction of Expert's Opinion Regarding the Meaning of DNA Evidence When Viewed In Light of the Relevant Statistics.
ii) Use of Demonstrative Evidence - Spare the Jury.
iii) Attacking Potential Defense Arguments Using the Expert.
a) Professional Witness.
b) Expert Paid by Prosecution/Plaintiff.
Section 3.
A. DNA for the Defense or Those Who Seek to Mitigate The Effect of DNA Evidence.
1. Preventing The Admission of DNA Evidence in Section or in Its Entirety.
a) Preventing Admission At One of the Three Stages.
i) Admission of DNA Test Results.
I. Routes of Attack.
a. New Type of DNA Test.
b. Expert Not Qualified to Testify As to DNA Results.
c. Laboratory Not Accredited.
d. Testing Not Performed By Certified Technicians.
e. Lack of Discovery Material or Notice with Respect to the Admission of DNA Evidence.
f. Improperly Obtained DNA Evidence, Fruit of Poisonous Tree.
g. DNA Profile Should Have Been Purged From Database.
ii) Admission of Statistics which Govern DNA Results.
I. Routes of Attack.
a. Expert Not Qualified to Testify as To Statistics.
b. Statistics Do Not Conform To Standards Accepted by the Scientific Community.
c. Irrelevant/Improper Database Used
iii) Admission of An Explanation of the DNA Results.
I. Routes of Attack.
a. Expert Not Qualified to Testify as to Statistics.
b. Attacking Laboratory Techniques and Conditions.
b-1. Use of Accepted Techniques.
b-2. Quality Control and Quality Assurance.
b-3. Use of Proficiency Testing and Audits.
b-4. Laboratory Error.
iv) Attacking The DNA Test Used.
v) Attacking Chain Of Custody.
vi) Attacking Expert Witness.
vii) Contamination.
viii) Attacking The Choice Not To Employ Several Different DNA Tests Including Sequencing.
ix) Use of PCR and Sensitivity to Contamination.
x). Preventing Testimony Regarding the Ultimate Issue.
a) DNA Evidence is Useful for Exclusion, It cannot identify with Certainty.
b) Objecting to Testimony Regarding Defendant's Guilt.
xi). Addressing Relatives (Mitochondrial DNA).
Chapter 7.
Section 1..
A. Post-Conviction Appeals Based Upon DNA Evidence.
Introduction.
B. Post-Conviction DNA Testing: Recommendations for Handling Requests.
1. The Role and Response of the Prosecutor.
2. The Role and Response of the Defense Attorney.
C. Legal Standards Governing Post-Conviction Testing.
1. Argument for a Constitutional Right to Post Conviction DNA testing.
2. Other Non-Post Conviction Testing Statute Arguments Habeus Corpus Relief.
C. Post-Conviction DNA Testing Statutes.
D. Preventing Post-Conviction DNA Testing through Waiver.
E. Post-Conviction Appeals Based Upon DNA Evidence.
Section 2.
A. The Future of DNA Technology.
B. Important Cases Involving the Use of DNA in the Courtroom.
List of Figures.
List of Tables.
List of Appendices.
Appendix A. Selected References by Topic Area.
Appendix B. Cases Involving the Admissibility of DNA Evidence.
Appendix C. Information Pertinent to Attempts to Overturn Convictions Based Upon DNA Evidence.
Appendix D. Offenses in New York State Resulting in Mandatory DNA Testing for Database Inclusion.
Appendix E. Post-Conviction DNA Testing, Preservation of evidence and Compensation for Wrongful Convictions: Relevant Legislative Information.
Appendix F. Items to be Obtained Through Discovery.
Appendix G. Glossary.

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