Summary of the First Meeting
The National Commission on the Future of DNA Evidence met on March 18, 1998, in the Great Hall at the Department of Justice, in Washington, D.C. The meeting opened with comments from NIJ Director, Jeremy Travis, Office of Science and Technology Director, David Boyd and the Commission's chair, The Honorable Shirley S. Abrahamson, Chief Justice of the Wisconsin Supreme Court. Assistant U.S. Attorney Christopher H. Asplen, the Executive Director of the Commission provided further definition on five of the areas to be addressed by the Commission: (1) the use of DNA in post-conviction relief cases, (2) legal concerns including Daubert challenges and the scope of discovery in DNA cases, (3) criteria for training and technical assistance for criminal justice professionals involved in the identification, collection, and preservation of DNA evidence at the crime scene, (4) funding for essential laboratory capabilities in the face of emerging technologies, and (5) the impact of future technological developments on the use of DNA in the criminal justice system. Each of these five areas will be the focus of an in-depth analysis by the Commissioners and working group members over the course of the Commission's two year charter.
The Commission also heard presentations from invited speakers. These presentations are summarized below:
Dr. Bruce Budowle, from the FBI's research and training facility in Quantico, VA, provided an historical perspective for the Commission by charting the progression of DNA technology in the criminal justice system. Highlighting the significant contributions of the FBI and others, Dr. Budowle explained the use of DNA in the laboratory and the courtroom from restriction fragment length polymorphism (RFLP) analysis from DNA taken directly from crime scene evidence, through the use of the polymerase chain reaction (PCR) to examine even smaller samples of DNA for mitochondrial DNA and short tandem repeats (STRs) markers. The Commission also heard a presentation on the Convicted Offender Database Index System (CODIS) from Dawn Herkenham and Steve Niezgoda, also of the FBI. Their presentation outlined the system's present and future capabilities while raising the significant issue of database backlog elimination.
Professor Margaret Berger of Brooklyn Law School discussed accomplishments being made by the postconviction issues working group. She commented on broad issues examined by the group such as statutes of limitations and the components of any proposed model legislation. Professor Berger also highlighted the development of protocols for prosecutors, defense attorneys, the judiciary and victim advocates involved in postconviction cases. It is anticipated that these protocols will be completed by September 1998.
Each working group chair spoke for several minutes explaining their respective group and inviting comment on issues to be considered. Commission members discussed issues which should be examined by each group and provided written recommendations as to who should participate in the groups.
Attorney General Janet Reno expressed her appreciation to the full Commission as they accepted their responsibility for maximizing the value of DNA evidence in the criminal justice system. She also expressed her desire for feedback and guidance as to what the Department of Justice can do now and in the future to achieve that end.