- 01 Introduction
- 02 Biology of DNA
- 03 Practical Issues Specific to DNA Evidence
- 04 Introduction to the Forensic DNA Laboratory
- 05 Assuring Quality in DNA Testing
- 06 Understanding a Forensic DNA Lab Report
- 07 Statistics and Population Genetics
- 08 Mitochondrial DNA & Y-STR Analysis
- 09 Forensic DNA Databases
- 10 Collection of DNA Evidence from Suspects and Arrestees
- 11 Pretrial DNA Evidence Issues
- 12 Victim Issues
- 13 Trial Presentation
- 14 Postconviction DNA Cases
- 15 Emerging Trends
Principles of Forensic DNA
for Officers of the Court
for Officers of the Court
Module 11 :: Pretrial Issues
Topic 1 :: Discovery Issues Related to DNA Evidence
Basic Discovery—The Duty to Disclose
Assuming that evidence has been retained (or retained and tested), the duty to disclose determines what must be released to the other party and when that release must occur. In cases in which evidence (the physical evidence and/or the test result) is exculpatory, disclosure of its existence is mandatory under the U.S. Constitution.6 Evidence is exculpatory if it "would tend to exculpate him or reduce the penalty..."7
