Document Type
Article
Publication Date
2009
Abstract
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.
Recommended Citation
Christian Sundquist,
On Race Theory and Norms,
72
Albany Law Review
953
(2009).
Available at:
https://scholarship.law.pitt.edu/fac_articles/502
Included in
Civil Rights and Discrimination Commons, Criminal Law Commons, Evidence Commons, Genetics Commons, Inequality and Stratification Commons, Law and Race Commons, Law and Society Commons, Race and Ethnicity Commons, Science and Technology Law Commons, Social and Cultural Anthropology Commons, Theory, Knowledge and Science Commons
Comments
This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.