Rule on DNA Evidence Flashcards
(19 cards)
What is the scope of the Rule on DNA Evidence?
This Rule applies whenever DNA evidence is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.
This includes various types of legal actions where DNA evidence may play a role.
What are the rules applied in matters not covered by Rules on DNA Evidence?
The Rules of Court and other pertinent provisions of law on evidence shall apply.
This ensures that existing legal frameworks remain relevant.
Define ‘Biological sample’.
‘Biological sample’ means any organic material originating from a person’s body that is susceptible to DNA testing, including:
* blood
* saliva
* other body fluids
* tissues
* hairs
* bones
This definition encompasses various types of biological materials that can be tested for DNA.
What is DNA?
‘DNA’ means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body, unique for each individual except identical twins.
DNA carries genetic information crucial for identity.
What constitutes DNA evidence?
‘DNA evidence’ constitutes the totality of the DNA profiles, results, and other genetic information directly generated from DNA testing of biological samples.
This evidence is critical for establishing identity or relationships.
What is a DNA profile?
‘DNA profile’ means genetic information derived from DNA testing of a biological sample obtained from a person, identifiable as originating from that person.
DNA profiles are unique identifiers used in forensic science.
Define ‘DNA testing’.
‘DNA testing’ means verified and credible scientific methods for extracting DNA from biological samples, generating DNA profiles, and comparing information to determine identity or kinship.
This process is essential for forensic analysis.
What does ‘Probability of Parentage’ refer to?
‘Probability of Parentage’ means the numerical estimate for the likelihood of parentage of a putative parent compared with the probability of a random match of two unrelated individuals in a given population.
This statistical measure is used in paternity cases.
What conditions must be met for a DNA testing order?
The following conditions must be met:
* A biological sample exists that is relevant to the case
* The sample was not previously subjected to the requested DNA testing or requires confirmation
* The DNA testing uses a scientifically valid technique
* The testing has potential to produce new relevant information
* Other factors affecting accuracy may be considered.
These ensure the integrity and relevance of the testing.
What happens if DNA testing conditions are met?
If conditions are met, the court shall:
* Order biological samples to be taken
* Impose reasonable conditions on DNA testing
* Require parties to witness the testing if necessary.
This ensures transparency and reliability in the testing process.
What is post-conviction DNA testing?
Post-conviction DNA testing may be available without a prior court order if a biological sample exists, is relevant, and could likely result in reversing or modifying a conviction.
This provision allows for potential exoneration.
What factors are considered in assessing the probative value of DNA evidence?
Factors include:
* Chain of custody
* DNA testing methodology
* Forensic DNA laboratory accreditation
* Reliability of testing results.
These help determine the credibility of the evidence presented.
What are the reliability criteria for DNA testing methodology?
Criteria include:
* Falsifiability of principles
* Peer review and publication
* General acceptance by the scientific community
* Maintenance of standards and controls
* Existence of a reference population database
* Confidence in statistical calculations.
These ensure the scientific rigor of the testing methods.
What must the court consider when evaluating DNA testing results?
The court must consider:
* Weight of matching DNA evidence
* Relevance of mismatching DNA evidence
* Results in light of totality of other evidence
* DNA results that exclude a putative parent as conclusive proof of non-paternity.
This evaluation helps in making informed decisions regarding the evidence.
What is the significance of a Probability of Paternity value of 99.9% or higher?
A Probability of Paternity value of 99.9% or higher results in a disputable presumption of paternity.
This threshold is critical in legal paternity cases.
What can a convict do if post-conviction DNA testing results are favorable?
The convict or prosecution may file a petition for a writ of habeas corpus, and if meritorious, the court may reverse or modify the judgment of conviction.
This provides a legal remedy for wrongful convictions.
Who can access DNA profiles and results from testing?
Access is limited to:
* Person from whom the sample was taken
* Lawyers of private complainants
* Authorized law enforcement agencies
* Others as determined by the court.
This confidentiality protects personal information.
What are the preservation requirements for DNA evidence?
DNA evidence must be preserved for:
* Not less than the period of trial or until the accused has served their sentence in criminal cases
* Until the decision becomes final in other cases.
This ensures that evidence remains available for potential future legal actions.
What is the effectivity date of the Rule on DNA Evidence?
The Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.
This date marks the official implementation of the rules.
