Suspect Included 11,14 11,12 11,11 1-1
Allele 13 is not possible based on evidence showing only alleles 11, 12 and14
present in the mixture profile (e.g., allele 13 in Figure 22.1), then the suspect can be excluded (provided there is no evidence of low-copy number conditions that might cause allele dropout). Of course, this type of inclusion/exclusion evaluation would be conducted at all loci examined in DNA profiles from the evidentiary mixture and the suspects.
After reviewing DNA results across all profiles, a casework report with a qualitative assessment might state that 'the defendant cannot be excluded as a contributor to the mixed DNA profile.' In other words, the defendant's genotype is completely represented in the alleles observed in the mixed DNA profile. However, many other people not considered as suspects in the case may also possess DNA profiles that are not excluded particularly if only a few genetic loci are examined. This is not as much of a problem now with examination of multi-allelic polymorphic STR markers as it was with previous DNA tests such as HLA-DQA1 and PolyMarker that only had a few possible alleles.
While presenting this simple qualitative statement of inclusion or exclusion rather than performing any calculations is definitely a conservative approach, it is often not satisfactory in a court of law where a judge typically requires some kind of numerical estimate to give statistical weight to the evidence. As pointed out in The Evaluation of Forensic DNA Evidence, 'to make appropriate use of DNA technology in the courtroom, the trier of fact must give the DNA evidence appropriate weight' (NRC II, p. 203). Approaches to providing a statistic to the DNA mixture are provided below.
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