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39 Wayne L. Rev. 1411 (1992-1993)
The Admissibility of DNA Evidence in Criminal Proceedings

handle is hein.journals/waynlr39 and id is 1425 raw text is: THE ADMISSIBILITY OF DNA EVIDENCE IN CRIMINAL PROCEEDINGS I. INTRODUCTION DNA profiling has been heralded as the most significant fo- rensic breakthrough since the introduction of fingerprinting tech- nology in the 19th Century. As of 1990, DNA evidence had been admitted in one hundred eighty-five cases in thirty-eight states.' Despite the large number of cases admitting DNA evidence, courts disagree over which standard should be used to determine its admissibility. Two federal circuit courts have applied different admissibility standards to reach the same result of admission. In United States v. Two Bulls,2 the Eighth Circuit held that the admissibility of DNA evidence is to be determined by applying the standard set forth in Frye v. United States.3 The Frye standard admits scientific evidence only if that evidence has received general acceptance in the scientific community to which it belongs.4 In United States v. Jakobetz,5 the Second Circuit admitted DNA evidence using the relevancy standard of the Federal Rules of Evidence.6 This stan- dard, often attributed to Professor McCormick,7 determines ad- missibility by balancing the probative value of the evidence against its prejudicial effect and its potential to confuse the jury or waste time.' The issue of admissibility is further complicated by a recent dispute within the scientific community over the genetic theory underlying the statistical significance of DNA matches. Partially in response, the National Research Council (NRC) of the National Academy of Sciences conducted a study and in April 1992 issued 1. UNITED STATES CONGRESS, OFFICE OF TECHNOLOGY ASSESSMENT, GE- NETc WrrNEsS: FORENSIC USES OF DNA TESTS 14 (1990) [hereinafter GENETIC WrrNEss]. 2. 918 F.2d 56 (8th Cir.), reh'g granted, 925 F.2d 1127 (8th Cir. 1990), dismissed, 1991 U.S. App. LEXIS 6840 (8th Cir. Apr. 18, 1991). 3. 293 F. 1013 (D.C. Cir. 1923). 4. Id. at 1014. 5. 955 F.2d 786 (2d Cir.), cert. denied, 113 S.Ct. 104 (1992). 6. Id. at 796. 7. EDWARD W. CLEARY, MCCORMICK ON EVIDENcE 607-08 (3d ed. 1984). 8. See FED. R. EvID. 403. 1411

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