Module 11 :: Pretrial Issues
Topic 2 :: Expert Testimony in DNA Cases
Challenges to Expert Testimony
Although DNA evidence has gained general acceptance and is presumed to be reliable for Daubert purposes, its use can be challenged in a particular case. Such challenges occur, for example, when "the procedure used in testing the DNA in this case did not comply with the accepted standards to ensure reliability" 21 and when the testing procedure used, although a variant of a previously approved method, is a new and "materially distinct procedure" that has itself not been proved to meet the Frye or Daubert standard. 22