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 out of the witness’s mouth, including rationales for the tests they undertook.
The more understanding you have of the types of DNA tests and their strengths and weaknesses, and the quicker you can separate opinion from science, the stronger your case will be.
To read Part 1: Top 5 Tips – Preparing to Cross a Witness, click here.
1. Know the Strengths and Weaknesses of the Specific Evidence in Your Matter
It is incredibly important to be able to outline the evidence limitations and explain what it doesn’t mean to ensure it is appropriately evaluated in the courtroom.
2. Do Not Allow the Expert Witness to Provide an Unsubstantiated Opinion
ALWAYS prompt the witness to provide scientific support for their opinion—“in my experience” is not a suitable response. As forensic scientists, we do not have a ground truth to base our experience on.
3. Ask the Expert Witness Why They Performed the Tests That They Did
This is important to ensure the expert has examined the case appropriately and has not simply followed instructions provided by police.
4. Be Forearmed with What You Expect the Expert’s Responses Should Be
This way, you can tackle any changes to the evidence quickly and get the expert back on track so the evidence can be drawn out in a balanced manner, allowing for appropriate evaluation by the court.
5. Consider Having Your Own Expert Witness to Provide Balance to the Evidence
Having your own witness will give you more control by helping you identify challenges to, and formulate responses for, all the four steps above. Remember, all forensic scientists are people, and biases, mistakes, and laziness can creep in—it is your job to be alert to when this might happen.
Ready to Strengthen Your Defence?
Independent Forensic Services is led by Principal Forensic Scientist Jae Gerhard. With over 20 years of experience from crime scene to court, Jae is a highly experienced expert witness who offers unbiased, evidence-based, and easy-to-understand forensic opinion.
DNA Expert Witness Testimony
We’re passionate about ensuring forensic biology and DNA evidence is presented to the courts in an impartial, yet comprehensive manner, and that potentially misleading evidence isn’t relied upon. We also want our clients to understand the strengths and limitations of forensic evidence in their cases.
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Our team adheres to the highest standards in forensic science, ensuring that every case is handled with the utmost care and precision. We strive for excellence in all our services, providing reliable and accurate forensic analysis.
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Our team comprises forensic experts with extensive experience across various forensic disciplines. With years of practical experience and advanced training, our professionals bring a wealth of knowledge to each investigation. This expertise ensures that we deliver top-tier forensic solutions tailored to your specific needs.
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How We Can Help You
With Independent Forensic Services, you gain access to a team of experts.
An Expert Team Lead by Jae Gerhard
Jae Gerhard is a Forensic DNA Expert and the Principal Forensic Scientist at Independent Forensic Services, bringing over two decades of frontline experience in forensic biology. She has worked on some of Australia’s most complex and high‑profile cases with the Australian Federal Police and New South Wales Police, as well as international disaster victim identification operations in Bali and Thailand.
Specialising in DNA analysis, STRmix™, biological fluid examination, and bloodstain pattern interpretation, Jae now works independently with criminal defence teams to review and challenge forensic evidence. Her mission is simple: to ensure the science presented in court is accurate, balanced, and truly understood.