Understanding DNA results within the case context: importance of the alternative proposition

INTRODUCTION There is a growing awareness of the dangers of reporting DNA profiling results in criminal investigations without consideration of the implications of the finding within the case context. A recent article in the New York Times (July 24 2013) described a robbery that resulted in the death of Raveesh Kumra. Foreign DNA on the victim’s fingernails corresponded with the profile of a local man, Lukis Anderson who was charged with murder. Following 5 months in prison, it was found that Mr. Anderson could not have committed the crime as he was in hospital at the time of the robbery. This and other cases demonstrate that reporting the DNA profile results alone can be misleading. The investigators and courts may be impressed by the probity of the DNA result in isolation and not think about other issues such as the possibility of secondary transfer. The Association of Forensic Science Practitioners, UK and Ireland (2009) attempted to address this problem for trace evidence through the introduction of Standards for the Formulation of Evaluative Forensic Science Expert Opinion. These standards require that the scientific finding is considered relative to two mutually exclusive propositions, one from the prosecution and one from the defence [based on the work of Evett et al. (2000)]. Within the case context, the probability of the evidence given the prosecution proposition divided by the probability of the evidence given the defence proposition produces the Likelihood Ratio (LR). The magnitude of the LR indicates the degree of support for one proposition vs. the other. This approach allows the scientist to help the court to understand the implications of the findings for the particular circumstances of each case. Since the publication of the AFSP standard, EFE (Forensic Science Laboratory, Dublin, Ireland) has worked at applying the criteria to its casework. The following examples are drawn from EFE casework and illustrate how the alternative proposition can significantly affect the impact of the DNA finding.