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DEALING WITH DNA EVIDENCE
A legal guide
By
Andrei Semikhodskii
Director, Medical Genomics Ltd
ISBN: 978 1 84568 049 7
Price: £65
Routledge-Cavendish www.routledgecavendish.com
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THE CHALLENGES OF TODAY’S DNA EVIDENCE
The first book to look seriously at how to handle DNA evidence
A book review
by
Phillip Taylor MBE LL.B (Hons) Barrister-at-Law, Abbey & Richmond Chambers
Barrister Desk Editor, ‘The Malet Street Gazette’
We do really need this book as the law of evidence is becoming one vast DNA test
in many fields where the defence insists on challenging basic factual statements
(on instructions from the client, of course).
The questions really are – what use is this book and does it help me with my
work?
The answer to both questions is a resounding ‘yes’. DNA is now the indispensable
weapon in the fight against crime because it allows both the unambiguous
identification of the defendant from traces of biological material left at the
scene of a crime, whilst acquitting the innocent.
In plain English, ‘Dealing with DNA Evidence’ states how DNA evidence is
actually obtained – something many of us are totally unfamiliar with.
Semikhodskii describes the various types of DNA test which are available and
what the weaknesses of DNA testing are. For the benefit of both the judiciary
and the defence, the author explains how DNA evidence can successfully be
challenged in the courts so that the impact of such evidence can be minimised,
or even dismissed completely.
The defence advocate is given even greater assistance with strategies for
refuting DNA evidence when presented and discussed during any stage of the
criminal justice process. However, readers should note that the emphasis is
squarely placed on DNA evidence so that it can be treated as just another piece
of evidence which, of its own volition, would be insufficient to convict the
defendant of a particular offence.
Who should bother reading this book?
Most students I remember from my Bar Vocational Course would run a mile rather
than read something like this book. However, the book must be essential reading
for students and practitioners of criminal law and practice, for forensic
science and law, and for all practitioners within criminal justice management at
whatever level because it is a unique sourcebook for twenty-first century
advocacy which no professional criminal justice manager should be without today.
Whilst the cases, statutes and regulations are relatively sparse for detail, I
came away with the impression that ‘Dealing with DNA Evidence’ presents a fair
balance of the tasks confronting advocates in this new frontier of proof. I
always remember hearing a devastating question posed by the great Norman Birkett
KC when he asked a hapless witness (allegedly expert) “what is the co-efficient
of the expansion of brass?” This expert didn’t know – round one to Birkett, even
if the question was a bit unfair, and possibly irrelevant.
What Semikhodskii goes on to say is that when an advocate is faced with
scientific evidence, he “has to understand it and the prosecution scientist who
presents it, as well as the scientist who is working for the defence team”.
Counsel will know that their defence job is to highlight the drawbacks of the
prosecution analysis presented to a jury and also have the ability to question
experts about the subtleties of their supposed scientific expertise. It is
right to say that such questioning is undoubtedly true for DNA evi
scientifically demanding types of evidence available to the Crown.
There are eleven chapters in the book covering the following detailed areas of
DNA law: An introduction to Criminal DNA Analysis; Forensic DNA Testing;
Interpretation and Statistical Evaluation of DNA Evidence; Criminal DNA
Databases; Pitfalls of DNA Testing; DNA Testing Errors; DNA Evidence
Interpretation Errors; DNA Evidence During Trial; Challenging DNA Evidence in
the Courtroom; Post-Convictional DNA Testing; and Ethical Aspects of DNA
Testing.
The book concludes with a detailed set of references and a splendid glossary
which I feel any person involved in the criminal justice process will find
extremely useful. Readers will find the index detailed and content-heavy which
really sums up the subject matter nicely for the subject is technical.
THE BALANCED DNA POCKETBOOK
Lawyers may wonder why this book is relatively slim at about 150 odd pages plus
the referencing material. I felt that this book is actually more of a slim
pocketbook on DNA for the advocate for both sides. “Always know your enemy” has
been used a standard tactic for centuries so do not underestimate your
opponent’s DNA case. Semikhodskii writes in his preface that the understanding
of how DNA evidence is obtained and evaluated allows lawyers to find pitfalls in
evidence and in data interpretation, and to use their skills when dealing with
other ‘id’ evidence to highlight them to a jury, concluding that “providing
lawyers with such information is the main goal of this book”.
Well, he has scored with that one! The author goes on to say that a match
between the accused and a biological sample recovered from a crime scene ‘does
not and should not automatically mean conviction, even if it is a complete
match’. This is why the subtlety of the book strikes such success – it is the
balancing act which Semikhodskii achieves for both sides of the argument so that
fairness will prevail.
CASES AND REFERENCES
Clearly, this is a book about detail. However, the case law is somewhat thin at
present although R v Doheny and Adams [1997] 1 Cr. App.R. 369 features well on
the conflicting sides to expert evidence in the courtroom. I am sure more cases
will follow as they are reported. The book mainly succeeds with its well
constructed writing style which is to explain complicated scientific and
statistical issues in simple terms for all.
However, there are additional detailed sources referred to such as “Forensic DNA
Evidence Interpretation” (Buckleton, Triggs and Walsh 2005), “Forensic DNA
Typing” (Butler 2005), “Weight-of-evidence for Forensic DNA Profiles” (Balding
2005), “Statistics and the Evaluation of Evidence for Forensic Scientists” (Aitken
and Taroni, 2004) “Interpreting Evidence” (Robertson and Vignaum, 1995) and the
invaluable “Genetic Testing and criminal Law” (Chalmers, 2005). These sources
give tremendous additional gravitas to an already highly competent book which
will clearly become a classic as the century’s new discoveries unfold.
January 2008
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