But the very thing that makes tools like TrueAllele invaluable to courts—its ability to make connections that elude humans—makes it difficult for those courts to assess. Probabilistic genotyping can analyze very small amounts of DNA by using the kind of complex code that would be impossible for a human (but not a computer) to run. This year, a ProPublica
investigation uncovered aspects of the probabilistic software used by New York City forensic labs that might make the results unreliable. (New York forensic labs switched to another probabilistic software, STRmix, and advocates called for a New York State inspector general investigation into the lab.) Similarly, in 2014, STRmix, a competitor to TrueAllele, was found by a judge to have
coding errors, involving certain mixtures of three-person DNA samples, that created misleading results.
After the scandal, STRmix released the
algorithm publicly. But the cofounder of STRmix, John Buckleton, told me that he does not think that access to the algorithm would help lawyers figure out if the tool was free from error or bias. “I think it’s rubbish,” he says. “It would take a genius to work out an error from a code.” He adds that he kept the code public as a way to overcome critics of the technology.