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19 Sw. U. L. Rev. 1045 (1990)
The Development on DNA Fingerprint Use in Courts of Law

handle is hein.journals/swulr19 and id is 681 raw text is: THE DEVELOPMENT OF DNA FINGERPRINT USE IN COURTS OF LAW* Robert Hupe** National newspapers have recently portrayed DNA' fingerprint testing as society's answer to some previously insolvable criminal cases. What is the reality behind this claim? Can this new scientific evidence be put to practical use in both civil and criminal cases? This article exam- ines the potential uses of DNA fingerprinting in civil trials by looking at the developments in the law concerning the admissibility of blood tests, the accuracy of the DNA fingerprint tests, the newest and most sophisti- cated blood test proposal for use in both criminal and civil cases and finally, ways to use such testing in the future. After a preliminary examination of the development of the various DNA fingerprinting tests used in civil actions, this article will address the use of blood tests in the realm of civil law, focusing on the Frye test and the requirements set by the Federal Rules of Evidence for admissibility of scientific evidence. It will next examine the application of the Frye test in criminal cases to the same evidence, and focus on the similarities and differences between the criminal and civil standards used to judge the admissability of the evidence. The fourth part of the paper will examine differences in the application of the Frye test in the two contexts. Finally, this article will focus on the appropriate use of DNA fingerprinting in civil cases. * I would like to thank the following people for their help with the research of this paper: Paul Domson, Lisa Michaels, Melissa Mossinghoff and Courtney Schmohl. I would also like to thank Barbara Gregg Glenn, Esq. and Theresa La Voie, Esq. for their comments and suggestions on the article. ** Robert M. Hupe is an associate with the law firm of Howarth & Smith, Los Angeles, Cali- fornia. B.S.A.E., cum laude, University of California, Los Angeles, 1986; J.D., University of Vir- ginia School of Law, 1989. 1. Deoxyribonucleic Acid. 1045

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