- 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 2 :: Expert Testimony in DNA Cases
Daubert and Results
Under Daubert, the court is not supposed to review an expert's conclusions when deciding admissibility; rather, the court is to assess whether the methodology was properly applied. However, courts may give some scrutiny to the actual conclusions.
The U.S. Supreme Court has explained that "conclusions and methodology are not entirely distinct from one another." A court must examine the expert's conclusions to determine whether they could reliably flow from the facts known to the expert and the methodology used. "A court may conclude that there is simply too great a gap between the data and the opinion proffered." 18
