Penn State Law eLibrary Journal Articles Faculty Works 1993 DNA Evidence: Probability, Population Genetics, and the Courts David H. Kaye Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Criminal Law Commons, Evidence Commons, and the Science and Technology Law Commons Recommended Citation David H. Kaye, DNA Evidence: Probability, Population Genetics, and the Courts, 7 Harv. J.L. & Tech. 101 (1993). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact
[email protected]. Volume 7, Fall Issue, 1993 DNA EVIDENCE: PROBABILITY, POPULATION GENETICS, AND THE COURTS David H. Kaye* INTRODUCTION Courts, attorneys, scientists, statisticians, journalists, and government 4 agencies have been explaining,' examining, 2 promoting,3 proselytizing, denigrating,5 and otherwise struggling with DNA identification evidence at least since 1985.6 In the first wave of cases, expert testimony for the * Regents' Professor, Arizona State University College of Law, Box 877906, Tempe, AZ 85287-7906 (602 965-2922,
[email protected]). A version of this paper was presented at the 1992 Joint Statistical Meetings of the American Statistical Association, the Biometric Society, and the Institute of Mathematical Statistics. I am grateful to Herman Cheroff for comments on that paper and to Colin Aitken, Richard Lempert, Bruce Weir, and especially Bernard Devlin for comments on later drafts. The errors that remain despite this guidance are entirely my own.