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The National Academy of Sciences, Canadian
DNA Jurisprudence and Changing Forensic
Practice
S O R E N F R E D E R I K S E N *
I.
INTRODUCTION
I
n 2009, the National Research Council of the National Academies released a
report entitled Strengthening Forensic Science in the United States. Empowered by
Congress, the Forensic Science Committee was explicitly tasked with
evaluating the current status of forensic evidence and making recommendations
for the future development of the field of forensics. Congress dictated that the
model for this process was to be the one that was used in the development of two
previous reports on the evaluation of forensic DNA evidence. The
recommendations in the final report of the Forensic Science Committee reflect
this, using forensic DNA as a model for many of its recommendations in the area
of traditional forensics.
This paper examines how the translation of DNA-based forensic science
methodology to the traditional forensic sciences, if implemented, will affect the
kind of evidence presented in criminal courts and the way that evidence is
presented. It argues that this would represent a change in the scientific paradigm
that underlies forensic testimony. Further, this paper examines how this change in
the scientific and methodological paradigm for forensic evidence proved difficult
for Canadian courts when DNA evidence was first introduced, suggesting
potential difficulties in the future as Canadian courts try to adapt to new ways of
thinking about forensic evidence.
II.
THE FORENSIC SCIENCE COMMITTEE
In November 2005, Congress tasked the National Academy of Sciences
(NAS) with conducting a study to evaluate the status of forensic science in the
United States, recognizing that there was a need for improvement in this area. 1
*
1
Assistant Professor, School of Public Policy and Administration, York University.
US, National Research Council: Committee on identifying the needs of the forensic science
community, Strengthening Forensic Science in the United States (Washington DC: National