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ARTICLE · 10 FEBRUARY 2023

DNA evidence is not as reliable as many believe it to be

The Victorian case of Farah Jama is an example of overreliance on DNA evidence in the absence of other evidence.

AustraliaLitigation, Mediation & Arbitration

TV-shows like CSI and Bones, have seared in the public consciousness the image of the faultless crime fighting forensic scientist and infallibility of DNA evidence.

But the reality is that DNA evidence is not what many believe it to be – it is, in fact, susceptible to human errors including botched testing and to bias or even misconduct by testers and those issuing 'expert certificates' – who are often current or former police officers – and there have been numerous cases of ostensibly indisputable DNA evidence falsely connecting innocent persons to crimes.

as well as misinterpretation by juries, judges and lawyers alike.

A common problem is the "prosecutor's fallacy", which is an error of interpretation that routinely occurs DNA evidence is presented in court. It is a situation which presents a danger of unfair prejudice against defendants, who may be convicted on a misconception that the evidence is more powerful and probative than it really is.

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