TNTL
Client's Choice Awards 2017
Colorado Criminal Defense Bar
Expertise
Avvo Rating badge
Denver Bar Association
Client's Choice 2014
The American Trial Lawyers Association
American Bar Association
Colorado Bar Association

Scientific Evidence: An Introduction

Learn about different types of scientific evidence and how such evidence may be used in court.

Scientific evidence is information that has been developed through a process known as the "scientific method" -- meaning that the information is considered valid because it has been tested and shown to accurately describe what it purports to describe. Typically, scientific evidence has been published in journals, tested by other scientists and generally accepted as valid within the relevant scientific community. Common examples of scientific evidence include DNA analyses, hair and fiber comparisons, fingerprints and voice identification evidence. Because scientific evidence is by definition beyond the realm of judges' and jurors' everyday experiences, the prosecution and the defense use qualified expert witnesses to introduce scientific evidence into the courtroom.

There are, of course, rules about when and how scientific evidence may be used in court. If a scientific theory is well established, testimony from a qualified expert witness based on that theory is usually admissible at trial, without additional expert testimony regarding the reliability of the evidence. For example, an expert is seldom necessary to convince a judge of the validity of fingerprint analysis or radar speed testing devices. However, as novel scientific theories emerge, experts must convince judges that information based on these new ideas is reliable and therefore appropriate for consideration by the judge or jury.

To establish the reliability of scientific evidence, the party seeking to introduce the evidence ordinarily schedules a "mini-trial" in which an expert testifies and explains the scientific methodology involved. For example, to use DNA evidence for the purpose of identifying a suspect (by comparing samples taken from the suspect with samples found at the crime scene), some judges still require the prosecutor to establish the reliability of that evidence in a mini-trial. If the judge is then convinced of its reliability, DNA evidence can be used in that case. Most courts, however, now accept DNA evidence as reliable and do not require a foundation (the function of the mini-trial) for its use.

Copyright 2004 Nolo

Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy