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TITLE
DEDICATION
CERTIFICATE
DECLARATION
CONTENTS
ABBREVIATIONS
Preface
Introduction
I. THE EXPERT EVIDENCE
1. Introduction
2. Philosophical Insight of Exclusionary Rules
3. Exceptions to The General Rule of Exclusion
4. Opinion Testimony by Lay Witness
(A) Law Regarding the Admissibility of Lay Opinion Testimony
(B) Extent of Admissibility
5. Testimony by Experts
6. Function of an Expert
7. History of Expert Evidence
8. What is Expert Opinion and who is an Expert?
9. Identifying Experts
10. The Exclusionary Rules
(A) Common Knowledge Rule
(i) Criticisms of the Rule
(B) The Basis Rule (Hearsay Expert Evidence)
(i) Condition in Admitting Hearsay Expert Evidence
(C) Ultimate Issue Rule
(i) What is an Ultimate issue? How it can be identified?
(ii) Criticism of the Rule
(D) Conclusion
2. DETERMINING PROBATIVE VALUE AND ADMISSIBILITY OF SCIENTIFIC EVIDENCE
1. Introduction
2. General Principles of Relevance and Admissibility
(A) What is Relevance?
(B) Legal Relevancy and Logical Relevancy
(C) What is Admissibility?
3. Issues in the Admissibility of Scientific Evidence
(A) The Concept of Junk Science in Legal Scholarship
(B) Impact of Junk Science
4. Solving Junk Science Problem-Methods
(A) Evaluating the Theory and Technique Involved in the Testimony
(B) Falsificationism as a Criterion in Identifying Junk Science
(i) What is Falsifiability?
(ii) Criticism of the Popperian Theory of Falsificationism
(C) Role of Precedents in Determining the Standards for the Admissibility of Scientific Evidence
(I) Precedents Determining the Standard for Admissibility of Scientific Evidence in United States: Reliability as a Criterion for Admissibility
(i) Frye Test
(ii) Philosophy of Frye Ratio
(iii) Criticism of Frye Test
(iv) Frye Test After the Enactment of Federal Rules of Evidence
(v) Daubert Test
(vi) Criticism of Daubert Test
(vii) Over-all View of the Decisions-From Frye to Daubert to Kumho
(viii) Impact of 2000 Amendment on Rule 702
(II) The Admissibility of Scientific Evidence in Canada
(III) English Position - Helpfulness as a Criterion for the Admissibility of Scientific Evidence
(IV) Standard of Admissibility in Australia
(V) Position in India
(i) Corroboration - 4n Additional Requirement for Admitting Scientific Experts Evidence in India
5. Conclusion
3. DNA EVIDENCE-THEORETICAL ASPECTS
1. Introduction
2. What is DNA?
3. Genetics - The Historical Tiack Record of DNA
4. How Chromosomes can Become a Real Carrier of Genes?
5. Evidence that DNA is the Genetic Material in which Blue Print of Life is Encoded
6. Physical and Chemical Nature of DNA
7. Structure of DNA
8. Features of DNA
9. Where DNA is situated
10. Functions of DNA
11. The Basic Microbiological Jargon Explained in Easy Terms
(A) What is Mutation
(B) Gene
12. Theoretical Background of DNA Fingerprinting
(i) Jeffreys Test Case
13. Procedure for Establishing a DNA Fingerprint
(I) RFLP- Analysis Explained
(A) Extraction of DNA
(i) Process
(B) Restriction Digestion
(i) Scientific Validity of the Technique
(C) Gel Electrophoresis
(i) Procedure
(ii) Scientific Validity of the Technique
(D) Southern Blotting
(i) Procedure
(E) Hybridization
(i) Scientific Validity of Applying Probes
(ii) Single-locus Technique in DNA Polymorphism
(iii) Multi-locus Technique in DNA Polymorphism
(F) Autoradiography
(G) Interpretation of the DNA print
(i) Advantages of VNTR
(ii) Limitations
(II) DNA Fingerprinting through Amplification of DNA by Polymerase Chain Reaction
(i) Polymerase Chain Reaction (PCR) Defined in Easy Terms
(ii) PCR Process-How it Works
(III) Mitochondrial DNA testing
(i) How the technique works?
(ii) Scientific Validity of the Technique
(iii) Problems in Mitochondrial DNA Analysis
(iv) Heteroplasmy
(v) Merits of Mitochondrial DNA Typing:
(vi) Limitations
(IV) Allele Specific Probe Analysis
(V) HLA-DQA1 test
(VI) DNA Typing using SNPs
(i) The advantages of SN P s
(ii) The limitations of SNPs
(VII) SGM Plus Profiling System
(Vlll) DNA Fingerprinting from very Minute Sample (STR)
(i) The advantages of STRs
(ii) The limitations of STRs
(IX) DNA Typing using Y Chromosome Markers
(i) Advantages
(ii) Limitations
14. Potential Problems Associated with DNA Profiling
(i) Band Shifting - A Technical Error in DNA typing
15. Possibility of Error in Restriction Fragment Length Polymorphism Analysis
(i) Uninterpretable DNA print
(ii) Technical problems that may exculpate a guilty person or incriminate an innocent
16. Control Mechanism to Check Errors
17. DNA Analysis of Paternity Testing
(i) Methods
(ii) Population Genetics
(iii) Scope of Paternity Analysis when the DNA Profile of the Alleged Father or Mother is not available
(iv) International Standards for Paternity Testing
18. Conclusion
4. INTERPRETING THE PROBATIVE VALUE OF DNA TYPING: POPULATION GENETICS AND STATISTICAL ANALYSIS
2. Population Genetics in DNA Matching
3. Method of Calculating Random Match Probabilities
4. The Hardy-Weinberg Equilibrium in Forensic DNA Typing
5. Linkage Equilibrium
6. How Frequency of Alleles Calculated
7. Calculation of the Frequency of Bands in Homozygote and Heterozygote Bands
8. Lewontin-Hartls Hurdle on Population Genetic Application of Frequency Calculation
9. Statistical Interpretation of DNA Profiles
10. Match Probabilities and Likelihood Ratio in Interpreting DNA Profile.
11. Some Basic Concepts in Statistical Evidence
(A) Hypothesis
(B) Probability or Odds (Prior and Posterior)
(C) Likelihood Ratio
12. DNA Fingerprinting Database for Identifying Criminals
5. ADMISSIBILITY OF DNA EVIDENCE- LEGAL AND ETHICAL OUTLOOK
1. Introduction
2. Historical Perspective of the Judicial Acceptance of DNA Evidence: Scientific Acceptance v. Legal Acceptance
(A) Unchallenged Admissibility
(B) Critical Admissibility
(I) The Application of Frye Test for DNA Typing
(i) Determining the Field in which the DNA Technique Belongs
(ii) What Constitutes General Acceptance of the DNA Theory or Technique
(iii) What is to be Generally Accepted- The DNA Theory or Technique?
(II) The Castro Case- Three Prong Test for the Admissibility of DNA Evidence
(III) Relevancy Test for the Admissibility of DNA Evidence
(i) Reliability- A first prong Test
(ii) DNA Evidence not misleading and confusing the Jury
(iii) Helpfulness
(IV) The Application of Daubert Test for Determining the Admissibility of DNA Evidence
3. Admissibility of Mitochondrial DNA Evidence
4. Admissibility of Population Genetics Aspects of DNA Evidence
5. Statistical Interpretations and the Admissibility of DNA Evidence
6. Admissibility of Bayes Theorem
7. Indian Position Regarding the Admissibility of DNA Evidence
(A) The First DNA case in India
(B) Flaws in the Appreciation of DNA Evidence by the Indian Judiciary
(C) The Analysis of The Law Commissions One Hindered Eighty-fifth Report Against the inclusion of DNA Identification under Section 9 and DNA Experts under Section 45 of the Indian Evidence Act
(D) The Impact of DNA Evidence on Conclusive proof provided under Section 112 of the Indian Evidence Act
(E) Legal probability versus Scientific Reliability
8. Ethical Issues in Forensic Applications of DNA Analysis
9. Conclusion
6. FORENSIC ANALYSIS IN CRIMINAL INVESTIGATIONS: CONSTITUTIONAL AND LEGAL ISSUES
1. Introduction
2. Defence Access to Forensic Laboratories Managed by State
3. Expert Assistance For Indigent Accused: A Comparative Analysis of the Requirements Provided n the Due Process Clause of the American Constitution and Relevant Provisions in the Indian Constitution
(A) The Ake Decision
(B) The Precedential Background in India
4. Constitutionality and Legality of Collecting Body Samples for Forensic Purpose
(A) Position in United States
(B) Position in England
(i) Collection of Intimate Samples
(ii) Collection of Non-intimate Samples
(C) Position in Canada
(D) Indian Position
(1) Civil Cases
(i) Power of the Civil Court to Compel Persons to Give Biological Materials for Forensic Purpose
(II) Criminal Cases
(III) Privacy Concerns
5. Conclusion
7. FORENSIC SCIENCE AND SCIENTISTS: PROFESSIONAL ETHICS, QUALITY AND JUSTICE
1. The Role of the Crime Laboratory and Forensic Scientist
2. Ethical Dimensions in Forensic Science
3. Schools of Ethical Thought
4. Obstructions Against the Ethical Practice in Forensic Science
(A) Unethical Practice of a Forensic Expert regarding his Qualifications and Credentials
(B) Partialities and Bias
(i) Examiners Bias in Forensic Testing
(C) The Problem of Hired guns as Forensic Experts
(D) Interference by the Police and Prosecution
(E) Extraneous Influence of the Forensic Scientist
5. Quality in Forensic Evidence and Justice
6. Quality Assurance in Forensic Evidence
(A) Validation of a Particular Technique
(B) Competency of the Forensic Practitioners
(C) Proficiency Tests
(D) Accreditation of the Crime Laboratories and the Accrediting Bodies
7. Accrediting Bodies
(A) American Society of Crime Laboratory Directors (ASCLD)
(B) The National Association of Testing Authorities, Australia (NATA)
(C) Standards Council of Canada (SCC)
(D) European Network of Forensic Science Institutes (ENFSI)
8. Certification of Forensic Science Laboratories and Certifying Bodies
9. Accreditation of Forensic Laboratories in India
(A) Aims & Objectives of NABL
10. Proficiency Testing Programme
11. Conclusion
8. CONCLUSION AND SUGGESTIONS
APPENDIX
APPENDIX A - Glossary
APPENDIX B - Model Legislation - Forensic Procedures Act
APPENDIX C - Code of Ethics of the American Society of Crime Laboratory
BIBLIOGRAPHY
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