dna

[jannyneve]

if original dna from a crime scene is lost or disscarded can a sample taken from it first be used in court,if so how can the accused person defend themseleves when they have not got the original dna to test,surly it would not be a fair trial would it?sorry if im in the wrong category.

[woofgang]

well no because the sample taken from it would still exist and could be re-analysed. I guess if there was no evidence, only the paper report, then that might cause a problem.

[jannyneve]

thanks for answering,what if the dna sample cant be tested again for example what if its deterioated.

[woofgang]

then whatever it was taken from would have deteriorated too

[badams]

Surely evidence is not just limited to the original substance? What about photographic or video evidence? Here a representation of something is accepted.  Wouldn't the same be true of a DNA report - if the person who did the original analysis testifies that the results on the report are original and accurate, wouldn't that just be as acceptable as, say, a police officer testifying that he witnessed someone throw a stone.  The stone dosn't have to be produced - the evidence of a credible expert witness is taken.

I would guess that the individual circumstances would have to be taken into account, for example, if the DNA sample was on something which would naturally decay and destroy the sample, it would not be reasonable for the prosecution to have to produce it, however, if it was a good sample which should be preservable, there would be serious questions about procedure if it could not be made available.