
Scientific Evidence: An Introduction
From the Nolo.com Criminal Law Center
Learn about different types of scientific evidence
and how such evidence may be used in court.
Scientific evidence is information that has been developed through a
process known as the "scientific method" -- meaning that the
information is considered valid because it has been tested and shown to
accurately describe what it purports to describe. Typically, scientific
evidence has been published in journals, tested by other scientists and
generally accepted as valid within the relevant scientific community.
Common examples of scientific evidence include DNA analyses, hair and
fiber comparisons, fingerprints and voice identification evidence. Because
scientific evidence is by definition beyond the realm of judges' and jurors'
everyday experiences, the prosecution and the defense use qualified expert
witnesses to introduce scientific evidence into the courtroom.
There are, of course, rules about when and how scientific evidence may
be used in court. If a scientific theory is well established, testimony
from a qualified expert witness based on that theory is usually admissible
at trial, without additional expert testimony regarding the reliability
of the evidence. For example, an expert is seldom necessary to convince
a judge of the validity of fingerprint analysis or radar speed testing
devices. However, as novel scientific theories emerge, experts must convince
judges that information based on these new ideas is reliable and therefore
appropriate for consideration by the judge or jury.
To establish the reliability of scientific evidence, the party seeking
to introduce the evidence ordinarily schedules a "mini-trial"
in which an expert testifies and explains the scientific methodology involved.
For example, to use DNA evidence for the purpose of identifying a suspect
(by comparing samples taken from the suspect with samples found at the
crime scene), some judges still require the prosecutor to establish the
reliability of that evidence in a mini-trial. If the judge is then convinced
of its reliability, DNA evidence can be used in that case. Most courts,
however, now accept DNA evidence as reliable and do not require a foundation
(the function of the mini-trial) for its use.
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