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DNA in Civil Cases

By Neal Jardine

The future of DNA evidence in civil cases is now upon us. DNA evidence is the most powerful forensic tool available to litigants today. During this decade and beyond, gene expression data developed in connection with the mapping of the human genome will provide causation proof in toxic tort cases and workers' compensation claims that epidemiology studies cannot match. Corporations and their insurance carriers are beginning to reap the financial benefits of toxicogenomic science, which tells them at an early stage whether a toxic exposure has caused an injury to a claimant.

Most, if not all, potential jurors are aware of the use of DNA evidence in criminal cases. The television series 'CSI' and the mass-media 'CSI Effect' have created a desire, in fact a need, among jurors to see DNA proof of certain crimes such as rape or murder. Jurors want to hear about the crime scene investigators with high-tech equipment, cameras, rubber gloves and DNA swabs gathering DNA evidence such as blood, semen and saliva samples. Because jurors are becoming ever more comfortable and familiar with scientific evidence in court, DNA proof has become the smoking gun for a prosecutor to obtain a conviction. On the other hand, the lack of DNA evidence can be used by criminal defendants to raise reasonable doubt for acquittal. For instance, the lack of a DNA match was a key factor in showing the exoneration of the three accused Duke University lacrosse players, and DNA evidence has been used for several years to prove the innocence of death row inmates.

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