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67 U. Colo. L. Rev. 827 (1996)
DNA Evidence in the O.J. Simpson Trial

handle is hein.journals/ucollr67 and id is 851 raw text is: DNA EVIDENCE IN THE O.J. SIMPSON TRIAL WILLIAM C. THOMPSON* I. INTRODUCTION To draw appropriate lessons from the O.J. Simpson case, one must have an accurate appreciation of the strengths and weak- nesses of the DNA evidence against Simpson. Much of the public discourse about the case begins with the premise that the DNA evidence proved Simpson's guilt conclusively and proceeds quickly to an analysis of factors that might explain why the jury never- theless voted to acquit. This line of analysis generally leads to unflattering conclusions about the fairness or intelligence of the Simpson jury and, more broadly, to cynical conclusions about the capacity of the criminal justice system, as currently constituted, to produce just results. The first section of this essay challenges the underlying premise of this analysis. I argue that the jury could quite reasonably have concluded that the DNA evidence against Simpson deserved little or no weight. When drawing conclusions from the Simpson case, it is also helpful to understand ways in which the DNA evidence in the Simpson case differed from the DNA evidence presented in other cases, and ways in which it was the same. The second section of this essay draws this comparison. I argue that the extensive use of duplicate testing in the Simpson case greatly reduced concerns (that are crucial in most other cases) about the potential for false positives due to poor scientific practices of DNA laboratories. On the other hand, the Simpson case revealed serious problems regarding the collection and handling of biological samples and the potential for cross-contamination of evidence, that are of general concern. Important issues also arose in the Simpson case concerning the manner in which DNA evidence should be presented to juries. The third section of this essay evaluates these issues, focusing on the use of statistics to help describe the strength of DNA evidence * Professor, Department of Criminology, Law & Society, University of California, Irvine, California; J.D., University of California, 1982; Ph.D., Stanford, 1984. The author was a member of O.J. Simpson's defense team.