DNA증거의 증거능력

The Admissibility of evidence in DNA evidence

As criminal investigation utilizing scientific theories and techniques continues to develop, criminal trials are more dependent on forensic evidence. One of the key points in crime scene investigation is to ensure the procedural integrity by maintaining and documenting the chronological history of the evidence. Damage to the evidence most frequently occurs during the transition between the crime scene and the laboratory. The chain of custody should be maintained from the moment of collection at the crime scene to the moment of presentation at the court to avoid evidentiary issues. To ensure the admissibility of evidence, the police should confirm the procedural integrity of the evidence by showing that the physical evidence is collected at the crime scene, that the evidence is relevant to the crime at issue, and that no fabrication or contamination has occurred from the crime scene to the court. In the “2007no88”case, the Appeal Court denied the chain of custody. The suggests to maintain the chain of custody and to ensure the procedural integrity are as below. It is needed (1) to build up consistent and reasonable standard to review the validity of scientific methods in everyday trials; (2) to establish research culture in Korea for the purpose of securing the accuracy and objectivity of forensic evidence; (3) to accentuate the experts' roles in setting forth the standard to test scientific validity and error rates, (and thus) boosting peer review, providing education programs and guidelines for lab analysts, and supplying courts with precise information on forensic evidence.