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Lisa Kreeger
Program Manager and Senior Attorney, DNA Forensics Program
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Recently, the Federal Bureau of Investigations enlisted the assistance of the attorneys in APRI’s DNA Forensics Program. As a part of their internal proficiency testing, the FBI included moot court cross-examination exercises on different fictional DNA cases. The moot court exercise was an exceptionally productive learning experience for all involved.
As the prosecutor playing the role of a defense attorney, I was reminded that prosecutors are not accustomed to cross-examining scientific expert witnesses. Cross-examining witnesses who speak “scientific gibberish” makes the prosecutor vulnerable to losing control of the witness.
Participating in these exercises also provided the opportunity to learn and isolate the weaknesses of forensically used DNA. Waiting until case-specific issues arise may decrease the prosecutor’s confidence in the subject matter. Practicing with unfamiliar subject matter in a moot court environment is invaluable. APRI’s Advanced Techniques in Forensic DNA Evidence course, encourages prosecutors to choose and reinforce a few critical scientific points.
Finally, multi-disciplinary moot court exercises help educate the scientists about the legal process. Increasing scientists’ awareness of the possible defenses that may be raised during trial will allow them to prepare understandable responses to assist a jury. Exposing a scientist to the various styles of cross-examination will help decrease anxieties they may have about testifying in court.
For more ideas about working with forensic scientists and lab analysts, contact the DNA Forensics Program at 703-549-4253 or dnaforensics@ndaa-apri.org.
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