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Something Doesn’T Add Up: Solving Dna Forensic Science Statistical Fallacies In Trial Testimony, Kendall Brooke Kilberger

Vanderbilt Journal of Entertainment & Technology Law

While the limitations of traditional forensic sciences are generally recognized, the presentation of DNA forensic science statistical testimony has widely evaded criticism. This lack of oversight has allowed four DNA forensic science statistical fallacies to plague the legal system: providing statistics without empirical support, the individualization fallacy, the prosecutor’s fallacy, and the defense attorney’s fallacy. These fallacies pose a significant risk to the preservation of justice, as erroneous DNA forensic science statistical testimony plays a critical role in wrongfully convicting innocent defendants.

This Note suggests administering standard jury instructions every time DNA forensic science statistical testimony is presented during trial. …