DNA Statistical Evidence and the "Ceiling Principle: Science or Science Fiction

Abstract

This thesis examines the scientific foundation behind the National Research Council's "ceiling principle" method of calculating Deoxyribonucleic acid (DNA) statistical evidence. Use of DNA evidence is becoming widespread in criminal cases. DNA evidence has generally been admitted by state and federal courts under the test for "novel scientific evidence." However, the defense bar, citing several scientists, has attempted to thwart the acceptance of DNA statistical evidence under the Frye test. To resolve the issue, the National Research Council developed a compromise, known as the "ceiling principle." This method replaces the actual numbers used in calculating the DNA statistics with more conservative numbers based upon an assumption that the ethnic make-up of the defendant affects the statistics. This thesis finds that the scientific research overwhelmingly refutes the assumption underlying the "ceiling principle, making its use unnecessary and unwise. It concludes that the "ceiling principle" does not pass muster under the Federal Rules of Evidence, which the Supreme Court recently ruled control admission of all scientific evidence in federal courts; accordingly, evidence derived via the "ceiling principle" is inadmissible in federal courts and courts-martial.

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Document Details

Document Type
Technical Report
Publication Date
Mar 01, 1994
Accession Number
ADA456707

Entities

People

  • Douglas A. Dribben

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Biomedical

DTIC Thesaurus Topics

  • Cells
  • Chemical Reactions
  • Chromosomes
  • Court Martial
  • Databases
  • Ethnic Groups
  • Genetic Structures
  • Genetic Variation
  • Genetics
  • Governments
  • Identification
  • Information Science
  • Law
  • Medical Personnel
  • Statistics
  • Supreme Court
  • United States

Readers

  • Criminal Law
  • Educational Psychology
  • Regression Analysis.