When analyzing the admissibility of emerging scientific technologies, judges balance various competing principles of criminal law. These principles include accuracy and fairness. While the computerized DNA technology may claim to yield accurate results (and may in fact yield accurate results), defense attorneys––and to some extent judges––must test this claim and uphold due process by admitting the evidence in a fair manner. This Note discusses the admissibility of TrueAllele, a computerized DNA interpretation technology.
Washington and Lee Law Review - Evidence
by Colin Miller
The rule against hearsay covers a statement offered to prove the truth of the matter asserted but does not cover a statement offered for another purpose. Meanwhile, the Best Evidence Rule states that a party seeking to prove the content of a writing, recording, or photograph must produce the original or account for its non-production. Does this mean that the Rule is inapplicable when a party seeks to prove something other than the truth of the matter asserted in a writing, recording or photograph? Most courts have answered this question in the affirmative. This Essay argues these courts are wrong.