DNA Database Evidence at Trial

By Brendan Max | Published: March 12, 2008

As a reminder, it is reversible error in a DNA case for the judge to permit the prosecution, over the objection of the defense, to introduce any evidence that the defendant’s DNA profile was in a DNA database. People v. Jackson, 865 N.E.2d 195 (1st Dist. 2007).  This situation comes up mostly in cold-hit cases, where the prosecution seeks to inform the jury that a database hit to the defendant’s profile occurred.  According to the First District Appellate Court, it is error to admit reference to the database.

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