Lawyers and DNA: Issues in Understanding and Challenging the Evidence
- 1 July 2012
- journal article
- research article
- Published by Informa UK Limited in Current Issues in Criminal Justice
- Vol. 24 (1), 69-83
- https://doi.org/10.1080/10345329.2012.12035945
Abstract
Miscarriages of justice and reports from Australia and overseas indicate that some lawyers lack knowledge of problems associated with DNA evidence. Many lack understanding of the weaknesses in this evidence and how to uncover and deal with them in criminal cases. This article provides an overview of research and reports that have considered lawyers' role in dealing with DNA evidence. It then introduces a qualitative research project into how lawyers in two Australian jurisdictions deal with DNA evidence in criminal cases. It presents a number of preliminary, but critical, findings identified in interviews with legal practitioners in the Australian Capital Territory (ACT) and Victoria about their management of DNA evidence. In considering these findings, the article suggests that lacunae in practitioner knowledge and major difficulties lawyers face in dealing with DNA evidence may be attributable, in part at least, to systemic barriers to their gaining greater understanding of DNA evidence. Based on the preliminary findings and its literature review, the article points to future issues to be investigated by the project.Keywords
This publication has 8 references indexed in Scilit:
- Understanding Juror Perceptions of Forensic Evidence: Investigating the Impact of Case Context on Perceptions of Forensic Evidence StrengthJournal of Forensic Sciences, 2011
- The Importance of DNA Evidence to Juries in Criminal TrialsThe International Journal of Evidence & Proof, 2010
- Australian forensic scientists: a view from the witness boxAustralian Journal of Forensic Sciences, 2008
- The Probity of Profiling: Opinions of Australian Lawyers on the Utility of Criminal Profiling in CourtPsychiatry, Psychology and Law, 2007
- Legal perceptions of forensic DNA profiling: Part I: A review of the legal literatureForensic Science International, 2005
- The Effects of DNA Evidence on Homicide Cases in CourtAustralian & New Zealand Journal of Criminology, 2004
- Challenging Forensic Evidence? Observations on the use of DNA in certain criminal trialsCurrent Issues in Criminal Justice, 2003
- The Effects of DNA Evidence on Sexual Offence Cases in CourtCurrent Issues in Criminal Justice, 2002