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21 Cap. U. L. Rev. 611 (1992)
DNA Typing: Defending a Process under Vigorous Attack

handle is hein.journals/capulr21 and id is 625 raw text is: DNA TYPING: DEFENDING A PROCESS UNDER VIGOROUS
ATTACK
INTRODUCTION
Randall Jones had a problem. His car was stuck in the
mud and he needed a tow. Jones' solution to that problem
would land him on Florida's death row.., and his own DNA
would prove to be part of the evidence that put him there. The
Jones case is one of a growing number in which newly
developed methods of DNA analysis are helping to identify the
perpetrators of violent crimes, mainly rapes and murders.
The crimes for which Jones was convicted were especially
vicious. After his car became stuck, he approached a pickup
truck that was parked at a nearby fishing ramp. The
occupants, a man and a woman in their early twenties, were
sleeping. Jones shot them both in the head with a high-powered
rifle at close range. He then dragged their bodies into the
woods and used the truck to pull his car out of the mud. About
forty minutes after murdering his victims, Jones went back to
the bodies and raped the woman. By doing so he left behind a
sample of his sperm, which included his DNA, that would
inextricably link him to the crime.1
DNA typing, commonly referred to as DNA fingerprinting, is at
the cutting edge of forensic science. This technique has been hailed
as the greatest advance in the 'search for the truth', [towards] the goal
of convicting the guilty and acquitting the innocent, since the advent
of the cross-examination.' The ability to conclusively prove the
identity of a criminal suspect, or a putative father, has been
revolutionized by the advent of DNA typing. Indeed, the forensic
applications of DNA typing are limited only by the circumspection of
the criminal mind.'
In this comment, I will address the DNA analysis process,
specifically the Restriction Fragmented Length Polymorphism
(RFLP) analysis and the Polymerase Chain Reaction (PCR)
analysis, the proper standard for admissibility of novel scientific
evidence, the distinction between general acceptance and
reliability, and the current legal status of DNA typing. I will
L Jean L. Marx, DNA Fingerprinting Takes the Witness Stand, 240
SCIENCE 161 (June 17, 1988); Jones v. State, 569 So. 2d 1234, 1235-37 (Fla. 1990).
2. People v. Wesley, 533 N.Y.S.2d 643, 644 (Albany County Ct. 1988).
& LoRNE T. KUBY, DNA FINGERPRINTING: AN INTRODUCTION (1990).