What Criminal Lawyers Should Know — and Why IT is dangerous
What lawyers are told “touch DNA” means
- skin cells shed through casual contact
- objects handled briefly
- surfaces exposed to indirect contact
Why the term is scientifically outdated
- direct contact
- secondary transfer (via another person or object)
- Indirect transfer (meaning more than one intermediary transfer step)
- environmental movement
- background DNA accumulation
The risk in criminal cases
- the DNA must result from direct interaction
- the interaction occurred during the alleged incident
- alternative explanations are unlikely
- DNA can transfer without direct contact
- low-level DNA may persist over time
- background DNA may be present before an alleged event
Why this is difficult to explain without expert evidence
- DNA presence does not equal proof of contact
- secondary DNA transfer (indirect transfer) is scientifically plausible
- low-level DNA findings should be interpreted cautiously
The role of independent expert review
- explaining scientifically recognised transfer mechanisms
- identifying whether alternative pathways remain plausible
- clarifying the limits of inference
- providing a balanced framework for evaluating probative value
A broader issue DNA transfer in criminal casework
Final observation