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Foreword by James Watson and Jan Witkowski. |
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Evolution of Identification: From Faces to Fingerprints to DNA. |
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A. A Look At DNA From The Outside In. |
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C. Unique Sequence and Repetitious DNA. |
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I. Crime Scene Investigation - Biological Evidence. |
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E. Schematic Drawing Showing Location and Photography of Items of Evidence. |
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F. Packaging and Preserving. |
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G. Transport to Laboratory. |
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H. Sexual Assault Evidence. |
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I. Evidence Handling in the Laboratory. |
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1. Associative E vidence and Polymorphism. |
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I. Restriction Fragment Length Polymorphism (RFLP). |
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a. Organic Extraction of Liquid Whole Blood. |
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d. Use of Magnetic Resin. |
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C. Restriction Enzymes: DNA Scissors. |
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G. Autoradiography and Visualization of DNA Banding Pattern. |
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H. Analysis of RFLP Results. |
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I. Probe Stripping from Membrane. |
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K. Statistics and the Product Rule. |
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A Closer Look At Electrophoresis. |
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I. Polymerase Chain Reaction (PCR). |
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A. Development and Theory. |
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1. Typing of HLA-DQA1 and AmpliType(r) PM. |
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3. Statistics and Population Genetics. |
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5. PCR - Short Tandem Repeat Analysis. |
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a. Short Tandem Repeat DNA. |
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b. Interpretation of STR Results. |
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i) PLUS A (+A) (Adenylation). |
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iv) Peaks Below Threshold. |
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A. Analysis of Y-chromosome STRs. |
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1. Y Chromosome Single Nucleotide Polymorphism Analysis. |
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B. Analysis of Mitochondrial DNA. |
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i) The Mitochondrial Genome. |
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iv) Interpretation of Sequence Data. |
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vii) SNP Analysis of Mitochondrial DNA. |
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5. Allelic Dropout - Null Alleles. |
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A. Underlying Facts and Assumptions in Forensic DNA Testing. |
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A. Human Genetics, Population Genetics, and Statistics. |
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1. The Power of Forensic DNA Analysis: How Significant is the match? |
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2. Genetics and Statistics. |
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3. Mendel's Laws of Genetics. |
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1. Hardy Weinberg Equilibrium. |
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2. Subpopulations and Substructure. |
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A. The Need for Quality Control and Quality Assurance. |
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B. SWGDAM (TWGDAM) - Standards. |
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A. Mitochondrial DNA and Y Chromosome STR analysis and Statistical calculations. |
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B. Experimental Controls. |
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C. Validation of New DNA Methods. |
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D. Single Nucleotide Polymorphism Analysis. |
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A. Database Size and Composition. |
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A. Power of Discrimination. |
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B. Mixtures and Statistics. |
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C. Probability of Exclusion. |
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D. The Likelihood Ratio (LR). |
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A. Paternity Determinations. |
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A. Lab Accreditation, Certification, Reputation, Facilities. |
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5. Laboratory Accreditation. |
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A. Reviewing A DNA Report - An RFLP Analysis. |
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B. Reviewing a DNA Report - A PCR-Based DNA Analysis. |
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C. Reviewing a DNA Report - A PCR-STR-Based DNA Analysis. |
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D. Reviewing a Paternity Report based on DNA Analysis. |
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1. Admissibility of Scientific Evidence: A Primer. |
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2. Common Laws and the Creation of Judicial Gatekeeping Function. |
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3. The Federal Rules of Evidence and the Expansion of the Judicial Gatekeeping Function. |
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4. Daubert: The Supreme Court Sets Forth a Standard. |
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5. General Electric Co. et al. v. Joiner et ux. |
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6. Kumho Tire: The Court Continues its Expansion of the Judicial Gatekeeping Function. |
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7. The Judicial Gatekeeping Function and Its Evolution in New York State. |
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A. Admissibility of DNA Evidence. |
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1. PCR/STRs based DNA Evidence. |
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1. Different Stages of Trial. |
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d)Preparation for Trial - A Lawyer's Guide. |
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e) Jury Selection and Voir Dire. |
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A. Attacking and Defending DNA Evidence. |
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1. Theory of the Case - Plan of Attack. |
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2. What is Required for DNA Test Results to be Admitted into Evidence? |
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A. DNA for the Prosecutor or those who seek to admit DNA Evidence. |
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1. Effective Admission of DNA Evidence Takes Place In Three Stages. |
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a. Admission of DNA Test Results |
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b. Admission of Statistics which Govern DNA Results. |
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c. Admission of An Explanation of the DNA Results. |
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Stage 1 - Admission of DNA Test Results. |
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i) Use of an Expert Witness. |
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ii) Selection and Preparation of Expert Witness. |
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iii) Introducing the Expert. |
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iv) Introducing the Expert's Credentials. |
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v) Qualifying Witness As Expert in DNA Evidence. |
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vi) Qualifying Witness As Expert in DNA. |
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vii) Using the Expert to Describe DNA Evidence Techniques. |
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Stage 2 - Admission of Statistics Which Govern DNA Results. |
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i) Introducing Statistics and Meaning. |
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Stage 3 - Admission of An Explanation of DNA Results. |
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i) Introduction of Expert's Opinion Regarding the Meaning of DNA Evidence When Viewed In Light of the Relevant Statistics. |
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ii) Use of Demonstrative Evidence - Spare the Jury. |
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iii) Attacking Potential Defense Arguments Using the Expert. |
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b) Expert Paid by Prosecution/Plaintiff. |
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A. DNA for the Defense or Those Who Seek to Mitigate The Effect of DNA Evidence. |
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1. Preventing The Admission of DNA Evidence in Section or in Its Entirety. |
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a) Preventing Admission At One of the Three Stages. |
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i) Admission of DNA Test Results. |
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b. Expert Not Qualified to Testify As to DNA Results. |
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c. Laboratory Not Accredited. |
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d. Testing Not Performed By Certified Technicians. |
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e. Lack of Discovery Material or Notice with Respect to the Admission of DNA Evidence. |
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f. Improperly Obtained DNA Evidence, Fruit of Poisonous Tree. |
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g. DNA Profile Should Have Been Purged From Database. |
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ii) Admission of Statistics which Govern DNA Results. |
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a. Expert Not Qualified to Testify as To Statistics. |
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b. Statistics Do Not Conform To Standards Accepted by the Scientific Community. |
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c. Irrelevant/Improper Database Used |
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iii) Admission of An Explanation of the DNA Results. |
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a. Expert Not Qualified to Testify as to Statistics. |
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b. Attacking Laboratory Techniques and Conditions. |
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b-1. Use of Accepted Techniques. |
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b-2. Quality Control and Quality Assurance. |
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b-3. Use of Proficiency Testing and Audits. |
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iv) Attacking The DNA Test Used. |
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v) Attacking Chain Of Custody. |
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vi) Attacking Expert Witness. |
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viii) Attacking The Choice Not To Employ Several Different DNA Tests Including Sequencing. |
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ix) Use of PCR and Sensitivity to Contamination. |
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x). Preventing Testimony Regarding the Ultimate Issue. |
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a) DNA Evidence is Useful for Exclusion, It cannot identify with Certainty. |
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b) Objecting to Testimony Regarding Defendant's Guilt. |
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xi). Addressing Relatives (Mitochondrial DNA). |
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A. Post-Conviction Appeals Based Upon DNA Evidence. |
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B. Post-Conviction DNA Testing: Recommendations for Handling Requests. |
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1. The Role and Response of the Prosecutor. |
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2. The Role and Response of the Defense Attorney. |
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C. Legal Standards Governing Post-Conviction Testing. |
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1. Argument for a Constitutional Right to Post Conviction DNA testing. |
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2. Other Non-Post Conviction Testing Statute Arguments Habeus Corpus Relief. |
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C. Post-Conviction DNA Testing Statutes. |
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D. Preventing Post-Conviction DNA Testing through Waiver. |
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E. Post-Conviction Appeals Based Upon DNA Evidence. |
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A. The Future of DNA Technology. |
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B. Important Cases Involving the Use of DNA in the Courtroom. |
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Appendix A. Selected References by Topic Area. |
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Appendix B. Cases Involving the Admissibility of DNA Evidence. |
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Appendix C. Information Pertinent to Attempts to Overturn Convictions Based Upon DNA Evidence. |
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Appendix D. Offenses in New York State Resulting in Mandatory DNA Testing for Database Inclusion. |
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Appendix E. Post-Conviction DNA Testing, Preservation of evidence and Compensation for Wrongful Convictions: Relevant Legislative Information. |
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Appendix F. Items to be Obtained Through Discovery. |
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