DNA or other scientific evidence although it may superficially appear to be conclusive to a judge or juror, is only as valid as the collection, protocols, procedures, and methodologies used to arrive at a conclusion, and therein lies the rub.
Protocols, procedures, methodologies, etc. as integral facets of arriving at a scientific conclusion are often more honoured in the breach than the observance.
In the U.S particularly, many cases have been dropped because a single critical step was not properly carried out, and this regardless of whether the result may have or may not have been correct. The fact is the result was not scientifically valid.
DNA, collection and analysis are particularly vulnerable to this scenario. Every scientific case is of course unique and has its own set of complexities.
That letter from the Crown advising of the scientific certainty of a client’s guilt does not necessarily mean – “abandon hope all ye who enter here.”
Studies show that state and even private laboratories used by the police, seem to feel they are part of the prosecution team. This distorted view has been proven to imapct the interpretation of many scientific observations and is a distortion of their necessary impartiality. This is one of over 40 areas examined by viaguard.
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