Anthropology 2235A/B Lecture Notes - Exclusionary Rule, Voir Dire, Nuclear Dna

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Published on 22 Jun 2012
School
Western University
Department
Anthropology
Course
Anthropology 2235A/B
Professor
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Lecture 23 Quantification, Probative Value and Statistical Testing
In the R. V. Murrin voir dire trial, there was considerable discussion about
how the FBI and FSS differed when a „match‟ is found
o FBI uses the FBI data base and the „counting method‟
During the trial it was pointed out that statistical probative value of mtDNA
is magnitudes lower than nDNA but it must be emphasized that mtDNA
analysis is only conducted when nuclear DNA is unavailable due to the
poor quality (degraded) of the sample or on samples which only contain
mtDNA
Counting Method
o Determine profile of HV 1 and HV 2 in exemplar and comparison
samples
o Check if profile is in the FBI database
o Uses the subpopulation not the total database
o Uses different formulae if it is or isn‟t in the database
o Determine probability at the 95% confidence interval
Random Match Probability
o “ The probability that a randomly chosen unrelated person would
have the profile in question”. Of course since it is with mitochondrial
DNA the question of maternal relatives may weigh heavy in certain
areas but basically the definition holds for all DNA testing”
FSS (British)
o Do not use counting method Have separate database
o Use descriptive phrases to describe the strength of the match:
Inconclusive
Weak support
Moderate support
Moderately strong support
Strong support
Very strong support
Conclusive
R. v. Mohan
o Identified 4 criteria upon which admission of expert witness
depends:
1. Relevancy
“Includes cost benefit analysis; evidence so related to
a fact in issue that it tends to establish it
2. Necessity of in assisting the trier of fact
Necessity is important in that it provides information
likely to be outside the experience of the judge and
jury
3. The absence of any exclusionary rule
4. Properly qualified expert

Document Summary

Lecture 23 quantification, probative value and statistical testing. In the r. v. murrin voir dire trial, there was considerable discussion about how the fbi and fss differed when a match is found: fbi uses the fbi data base and the counting method . Random match probability: the probability that a randomly chosen unrelated person would have the profile in question . Dna the question of maternal relatives may weigh heavy in certain areas but basically the definition holds for all dna testing . Fss (british: do not use counting method have separate database, use descriptive phrases to describe the strength of the match: Identified 4 criteria upon which admission of expert witness depends: Includes cost benefit analysis; evidence so related to a fact in issue that it tends to establish it . Necessity of in assisting the trier of fact. Necessity is important in that it provides information likely to be outside the experience of the judge and jury.