Alabama State Bar

DNA (deoxyribonucleic acid) analysis has long been labeled the gold standard of forensic testing by the court. While I acknowledge the scientific process of DNA testing as the pinnacle of scientific rigor when employed correctly by qualified scientists, certain aspects of the process can be shown to fall short of the objectivity necessary to be considered a scientific standard.

Issue preservation has been and always will be the key to success on appeal. Today, the need to preserve the record is greater than ever even in our most serious cases with the now discretionary application of plain error review to death cases.[2] Certainly, issue preservation is easier said than done considering the pressures of trial practice. But we hope the following tips and pitfalls can assist the trial practitioner in preserving the record for appeal.

Most prosecutors likely agree with Judge Learned Hand that “a criminal defendant already ha[s] too many advantages over the state. . .”[1] While the American criminal system does provide those accused of crimes with certain cherished privileges, in one important area, prosecutors have an inordinate advantage: the production of discovery to the accused. And prosecutors jealously guard the contours of that privileged position, often seeking expansion of it.[2]