Client charged with sexual assault? How to challenge the evidence

Understanding the Limitations of DNA Evidence in Sexual Assault Cases Sexual assault evidence is often very complex, yet the way we see it reported by Government Service providers is very factual and often does not disclose the limitations of the evidence. This lack of disclosure may present the evidence in a misleading manner, which means…

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Understanding the Role of Forensic Services in Modern Investigations

Forensic services play a crucial role in the modern criminal justice system, helping to uncover the truth and bring justice to victims. At Independent Forensic Services, we specialise in a comprehensive range of forensic solutions designed to support law enforcement, legal professionals, and private clients. In this inaugural blog post, we’ll delve into the importance…

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Scientific studies have now demonstrated DNA transfer by dogs and cats

Animals as DNA Reservoirs and Vectors of DNA Transfer The results of these scientific studies indicate that animals can act as reservoirs of human DNA and vectors for human DNA transfer that may need to be considered during evaluative DNA reporting. Furthermore, if an interaction between an animal and a perpetrator is suspected, consideration should…

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DNA Falsehoods

False Information About DNA Transfer Being Provided to Lawyers DNA Experts have been providing information to lawyers about trace transfer that is outright false. Concerning Trends in DNA Transfer Misinterpretation As recently as last week, I was involved in a matter where the Government DNA expert told a barrister in a pre-trial conference that the…

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The Uncertainty Surrounding Saliva Testing

Forensic testing for the presence of saliva is by far the most problematic of the forensic tests available. Understanding Saliva Testing in Forensic Investigations Have you ever seen the following in a forensic statement or report? “Possible saliva was detected” “A test for amylase was positive” This means only a presumptive or screening test has…

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Complexities of Biological Testing in Sexual Assault Matters

Biological Fluid Testing in Sexual Assault Matters Biological fluid testing in sexual assault matters is often not as black and white as lawyers would like. In the last of this series on testing for biological fluids, we are covering the detection of semen. Understanding Presumptive Tests for Semen Have you ever seen the following in…

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Blood or not blood? That is the question.

Is the Failure to Disclose the Limitations of Forensic Testing Giving Rise to Misleading Evidence? Understanding Presumptive Blood Tests Have you ever seen the following in a forensic statement or report? “A presumptive test for the presence of blood was positive” “Apparent blood was detected”? This means only a presumptive or screening test has been…

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The Simple Mistake Lawyers Make with DNA Evidence

Introducing the “Prosecutor’s Fallacy”: The Simple Mistake Lawyers (and the Media) Commonly Make When ‘Interpreting’ DNA Results Can You Identify the Issue in This Statement? “It is 100 million times more likely if Mr X is a contributor to the DNA profile than if another unknown individual from the Australian population is.” This is an…

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Top 5 Tips: Preparing to Cross Examine an Expert Witness (Part 1).

Top 5 Tips: Preparing to Cross-Examine an Expert Witness (Part 1) DNA is very persuasive to juries. It is often erroneously considered an absolute science, from juries, lawyers and even judges. But DNA evidence is easily misunderstood, often has undue weight placed on it, and often comes with undisclosed limitations. It is imperative lawyers understand…

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Top 5 Tips: Questioning an Expert Witness (Part 2)

Summary DNA evidence is highly persuasive; however, it is common for the limitations of the science not to be disclosed in the courtroom, resulting in undue weight being placed on the evidence or even miscarriages of justice. DNA evidence is a science, and as such, there should be a scientific explanation for every comment coming…

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