The Use Of DNA In A Murder Trial
In other words, there will be a very good sample which will produce an identifiable DNA profile. But in many other cases, DNA will be obtained from a very poor sample. There may be a mixture of contributors to the DNA sample, so a result may come back showing that a stain or fluid came from more than one source and there are at least three or four profiles present. In that situation, you would bring in your own expert who may be able to analyze the data differently and suggest in fact that it’s not a match, or that the statistical significance is irrelevant.
In some cases it doesn’t matter, because the circumstances of the offense are such that the DNA is really irrelevant to figuring out who the attacker was or the circumstances of the offense. If a child has the presence of DNA in a place you wouldn’t expect to see DNA and you know that this child is young and not sexually active, then obviously, that’s very significant. But in other circumstances, perhaps with adults who may not have any other signs of trauma, the mere fact that there may be some evidence of some DNA may not always explain the circumstances of the offense. So the DNA is helpful if it is unlikely that the DNA would come from any source other than the assailant of the crime. But certainly, along with other circumstantial facts, it can be very powerful.
If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi Shikhman for a consultation.