LIMITELE TESTARII ADN CA PROBĂ ÎN JUSTIȚIE. UN RAPORT BAZAT PE PRACTICA INSTITUTULUI DE MEDICINĂ LEGALĂ CLUJ-NAPOCA
THE LIMITS OF DNA TESTING USED AS EVIDENCE IN COURT. A REPORT BASED ON THE PRACTICE OF THE INSTITUTE OF LEGAL MEDICINE CLUJ-NAPOCA

Summary/Abstract: The evaluation of the evidentiary value of scientific evidence is the assessment of thestrength of the link between a finding and a person. It is usually a statisticalassessment but its presentation is full of pitfalls. The evaluation of scientific evidencemust be based on an established methodology to both evaluate, expose and interpretthe evidence. The formidable expansion in the use of DNA has not only increased theextent of interaction between forensic scientists and lawyers but more importantly, ithas increased the relevance of socio‐legal and ethical perspectives in strategies forapplying forensic DNA techniques. Since its beginnings, DNA testing was surroundedby an aura of infallibility. Nevertheless, errors may occur. It is important tounderscore that DNA testing should be considered one more piece of evidence withinthe context of a criminal or forensic investigation, and that the judicial sentencesshould be based on the evidence as a whole and not just on the genetic studies.However judges, prosecutors and defenders, due in part to different educationalbackground as compared to scientists, may ignore potential restrictions concerningDNA profiling results.

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