FDC Legal & Ethical Issues in DNA 3 — Questions and Answers
Question 1: Which standard governs the accreditation of forensic DNA laboratories in the United States and is required for CODIS participation?
- ISO/IEC 17025
- ASCLD/LAB Legacy
- FBI Quality Assurance Standards (QAS) for Forensic DNA Testing Laboratories (Correct answer)
- CAP Forensic Science Checklist
Correct answer: FBI Quality Assurance Standards (QAS) for Forensic DNA Testing Laboratories
The FBI's Quality Assurance Standards for Forensic DNA Testing Laboratories set mandatory requirements that laboratories must meet and be audited against for CODIS participation.
Question 2: A forensic DNA analyst is asked by a prosecutor to reinterpret a mixture result in a way that supports the prosecution's theory. The analyst believes the interpretation is unsupported. What should the analyst do?
- Revise the report to satisfy the prosecutor to avoid conflict
- Refuse and document the request, maintaining the scientifically supported interpretation (Correct answer)
- Withdraw from the case without comment
- Rerun the samples under a new case number
Correct answer: Refuse and document the request, maintaining the scientifically supported interpretation
Forensic analysts have an ethical obligation to provide impartial, scientifically defensible conclusions and must not alter interpretations to favor either party.
Question 3: Under Brady v. Maryland, what obligation does the prosecution have regarding exculpatory DNA evidence?
- The prosecution may withhold DNA evidence if it was not specifically requested by the defense
- The prosecution must disclose all exculpatory DNA evidence to the defense (Correct answer)
- Exculpatory DNA evidence only needs to be disclosed after conviction
- DNA evidence is exempt from Brady disclosure if it is considered prejudicial
Correct answer: The prosecution must disclose all exculpatory DNA evidence to the defense
Brady v. Maryland (1963) requires prosecutors to disclose all material exculpatory evidence to the defense, and DNA evidence that could exonerate a defendant clearly falls within this obligation.
Question 4: Which ethical concept requires that the benefits and burdens of forensic DNA research and databasing be distributed fairly across all population groups?
- Autonomy
- Justice (Correct answer)
- Veracity
- Fidelity
Correct answer: Justice
The principle of justice demands equitable distribution of research benefits and risks, including concerns that certain racial or socioeconomic groups are disproportionately represented in forensic DNA databases.
Question 5: What does the term 'confirmatory bias' refer to in the context of forensic DNA analysis?
- A statistical method that confirms a match probability above a threshold
- The tendency for an analyst to interpret ambiguous data in a way that confirms a pre-existing conclusion (Correct answer)
- A peer review procedure that confirms another analyst's results
- A calibration check that confirms instrument accuracy
Correct answer: The tendency for an analyst to interpret ambiguous data in a way that confirms a pre-existing conclusion
Confirmatory bias occurs when analysts unconsciously allow knowledge of case facts or expected outcomes to influence their interpretation of ambiguous DNA data.
Question 6: Under the Daubert standard, which factor is NOT among those courts typically consider when evaluating the admissibility of forensic DNA testimony?
- Whether the technique has been subjected to peer review and publication
- The cost of the DNA analysis procedure (Correct answer)
- Whether the method has a known or potential error rate
- General acceptance of the technique in the relevant scientific community
Correct answer: The cost of the DNA analysis procedure
Daubert's factors include testability, peer review, error rate, and general acceptance—the cost of analysis is not a Daubert admissibility criterion.
Question 7: Which act created the national CODIS database and authorized the FBI to establish quality standards for forensic DNA laboratories?
- Violent Crime Control and Law Enforcement Act of 1994
- DNA Analysis Backlog Elimination Act of 2000
- DNA Identification Act of 1994 (Correct answer)
- Justice for All Act of 2004
Correct answer: DNA Identification Act of 1994
The DNA Identification Act of 1994 established CODIS and gave the FBI authority to set quality assurance standards for participating forensic DNA laboratories.
FDC Legal & Ethical Issues in DNA 3
Which standard governs the accreditation of forensic DNA laboratories in the United States and is required for CODIS participation?