Misleading DNA Evidence

Misleading DNA Evidence: A Guide for Scientists, Judges, and Lawyers presents the reasons miscarriages of justice can occur when dealing with DNA, what the role of the forensic scientist is throughout the process, and how judges and lawyers can educate themselves about all of the possibilities to consider when dealing with cases that involve DNA evidence.

DNA has become the gold standard by which a person can be placed at the scene of a crime, and the past decade has seen great advances in this powerful crime solving tool. But the statistics that analysts can attach to DNA evidence often vary, and in some cases the statistical weight assigned to that match, can vary enormously. The numbers provided to juries often overstate the evidence, and can result in a wrongful conviction. In addition to statistics, the way the evidence is collected, stored and analyzed can also result in a wrongful conviction due to contamination.

This book reviews high-profile and somewhat contentious cases to illustrate these points, including the death of Meredith Kercher. It examines crucial topics such as characterization of errors and determination of error rates, reporting DNA profiles and the source and sub-source levels, and the essentials of statement writing. It is a concise, readable resource that will help not only scientists, but legal professionals with limited scientific backgrounds, to understand the intricacies of DNA use in the justice system.

"...a book that should be read by all who work in DNA laboratories...there are 12 recommendations that make up preventative actions in the book’s corrective action plan...both interesting and of value to the reader."—Forensic Science Review, Misleading DNA Evidence

"Professor Peter Gill’s book, Misleading DNA evidence: Reasons for Miscarriages of Justice has international significance and could not be more timely. In the United States and across the much of the globe, there is a lingering perception that the thousands of miscarriages of justice that reach the media are usually relics from a bygone era where the forensic tools were rudimentary. It is widely assumed that the new PCR-based DNA testing systems in use today dramatically reduce or eliminate the chances of wrongful convictions. Dr. Gill explodes this myth with keen, compelling and original insights. He focuses his analysis on deeply disturbing issues that he reveals at nexus between science and the criminal justice system. This book is a must read for prosecutors, defense attorneys, academics and anyone interested in ensuring that justice is done. Indeed, it will benefit anyone who is concerned that the aura of infallibility commonly associated with DNA and associated statistics can (and has) impaired criminal investigations and related proceedings. Dr. Gill correctly warns us that the DNA aura carries with it the potential to blind, distort or mislead the way fact finders perceive information. None of us should be indifferent to the risk of misleading the finders of fact, whose search for the truth is the cornerstone of justice."—Stephen Patrick Hogan, M.A. J.D.

"In reading Professor Peter Gill’s Misleading DNA Evidence, the importance of context in the analysis, interpretation, and presentation of DNA evidence is comprehensively illustrated. Professor Gill, through both his able and thorough instruction on the intricacies of DNA analyses and his use of real-world examples exposes the many ways that the use of DNA evidence can go tragically wrong. He skillfully exposes the host of biases and fallacies we too often fail to recognize. Professor Gill’s many insightful recommendations for how we can make better use of DNA evidence makes Misleading DNA Evidence an invaluable reference that, if followed, will help us avoid the miscarriages of justices it describes. Everyone involved in the criminal justice system — judges, attorneys, police, and scientists — should be mindful of the dangers that await us when we fail to recognize the importance of context when dealing with DNA evidence."—Stephen F. Swinton, Jr., M.A., J.D.Town Justice, Niskayuna, New York